Court No. - 69
Case :- APPLICATION U/S 482 No. - 9515 of 2021
Applicant :- Sajid
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Abu Bakht,Syed Ahmed Faizan
Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned AGA for the State-respondent through Video Conferencing.
Present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 13.11.2020, cognizance order dated 11.01.2021 as well as entire criminal proceedings of case No. 82 of 2021 (State Vs. Kamal Kumar and others), arising out of Case Crime No. 073 of 2020, under Sections 409, 420, 120B I.P.C., Police Station Milak Khanam, District Rmpur, pending in the court Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Rampur.
Learned counsel for the applicant submitted that impugned charge sheet has been issued without application of mind on printed proforma, therefore, same is liable to be set aside. In support of his contention, he has placed reliance upon the judgment dated 11.11.2020 of this Court in the case of Vishnu Kumar Gupta and Another Vs. State of U.P. and Another passed in Application U/S 482 No. 41617 of 2019, which was passed after considering many judgments of Apex Court as well as this Court in the cases of Bhusan Kumar and Anr. Vs. State (NCT of Delhi) and anr., Sunil Bharti Mittal v. C.B.I., Darshan Singh Ram Kishan Vs. State of Maharashra, Ankit Vs. State of U.P. and another reported in 2009 (9) ADJ 778, Shakuntala Devi Vs. State of U.P. and 4 others passed in Application U/S 482 No. 11232 of 2018, Avdesh Vs. State of U.P. and another reported in 2019 (6) ADJ 667, Dushyant Kumar Vs. State of U.P. and other passed in Application U/S 482 No. 7206 of 2020, Ashu Rawat Vs. State of U.P. And another passed in Application U/S 482 No.13883 of 2020 and Rishipal & others Vs. State of U.P. And Another reported in 2019 (3) ADJ 699.
Learned AGA has opposed the submission of learned counsel for the applicant, but could not dispute this fact that charge sheet has been issued without reasons.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the cognizance order dated 10.01.2021 as well as judgments relied by the learned counsel for the applicant. By perusal of the same, it is apparently clear that order has been passed without application of mind on printed proforma and same is also considered in the aforesaid judgments, which was relied by the learned counsel for the applicant, therefore, the summoning order is liable to be set aside.
Accordingly, the order dated 10.01.2021 is set aside and application is allowed. Court concerned is directed to pass fresh order within one month from the date of production of certified copy of this order in light of law laid down by the Apex Court as well as this Court from time to time.
Order Date :- 27.5.2021 Rmk.
Digitally signed by Justice Neeraj Tiwari Date: 2021.05.27 17:04:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad