Court No. - 49
Case :- APPLICATION U/S 482 No. - 10047 of 2021 Applicant :- Shaqeela Begam Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Anwar Hussain, learned counsel for the applicant submits that cognizance order dated 16.03.2020 passed by learned Chief Judicial Magistrate, Firozabad in Criminal Case No.3578 of 2020 (arising out of Case Crime No.148 of 2018) under sections 420, 465, 467, 471, 504 and 506 IPC, Police Station- Ramgarh, District-Firozabad is mechanical and has been issued in a pre-typed/printed proforma without any application of mind. He places reliance and parity on the decision of this Court in Application U/S 438 No.9972 of 2021 and prays for quashing of the cognizance order.
2. It has been submitted by learned counsel for the applicant that the Judicial Magistrate did not apply his judicial mind at the time of passing the cognizance order against the applicant as the impugned cognizance order has been passed on a printed proforma, which is not permissible under law. In support of his contention, learned counsel for the applicant has relied upon the judgment in the case of Ankit Vs. State of U.P. & Another; 2009 (9) ADJ 778.
3. Certified copy of the impugned cognizance order is annexed as Annexure-11 to the affidavit, which goes to show that the order has been passed on a printed proforma by filling up the blanks. Blanks on the printed proforma appear to have been filled by the court employee. Learned Magistrate has simply put his initial over his name without applying his judicial mind before passing the said order.
4. The argument advanced on behalf of applicant has substance. The use of blanks printed proforma in passing the judicial order is not proper and the order of summoning the applicant has been passed without application of judicial mind, which is substantiated by the fact that even the date has not been mentioned filling up the blanks which has been left in the rubber stamp for mentioning the date of appearance.
5. In view of the facts and circumstances of the case, stated above and the law laid down in case of Ankit Vs. State of U.P. & another (supra), the impugned cognizance order dated 16.03.2020, is hereby quashed. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind.
6. In above terms, Application is disposed off.
Order Date :- 27.7.2021 Ashutosh