Court No. - 45
Case :- APPLICATION U/S 482 No. - 34104 of 2018 Applicant :- Sachchida Nand Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Yadav,Mahendra Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The submission is that the cognizance order dated 08.06.2018 passed by Chief Judicial Magistrate, Ghazipur is on the printed proforma. It has been submitted that the same has been passed without application of mind.
Learned A.G.A. has stated that the order may not be on printed proforma but it has been passed in accordance with law and on the basis of the material collected by the investigating officer.
After considering the rival submission and going through the impugned order, it is clear that the order has been passed on printed proforma without application of mind. The order of cognizance has serious consequences for the accused and should have been passed after considering the material collected by the Investigating officer and after recording the finding to that effect.
In view of the above cognizance order dated 08.06.2018 passed by court below is hereby quashed.
It is open for the court below to pass a fresh order. This application is allowed.
Order Date :- 30.10.2018 Rohit