Court No. - 45
Case :- APPLICATION U/S 482 No. - 42793 of 2018 Applicant :- Sonu Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under section 482 Cr.P.C. has been filed to quash the entire proceedings of Criminal Case No. 3954 of 2018 (State Vs. Sonu Gupta and another) under section 406 I.P.C. arising out of Case Crime No. 165 of 2018 P.S. Kishani District Mainpuri pending in the court of Civil Judge (Senior Division)/F.T.c./Additional Chief Judicial Magistrate, Mainpuri.
The argument is that the Civil Judge (Senior Division)/F.T.c./Additional Chief Judicial Magistrate, Mainpuri while passing the order impugned dated 15.10.2018 under sections 406 I.P.C. taking cognizance in the matter has not applied his judicial mind as the order has been passed on the printed proforma by filling up the blanks, hence the order is bad in law.
Learned A.G.A. states that order is substantially correct though it may be passed on printed proforma.
After considering the rival submissions, it is apparent that the said order has been passed on a printed proforma by filling in the blanks, which shows that Magistrate did not apply his mind before taking cognizance in the matter. As the said order taking cognizance has been passed on a printed proforma by filling in the blanks, hence the said order is wholly illegal and invalid and cannot be sustained.
In view of the above, this application is allowed and the order impugned dated 15.10.2018 passed by the Civil Judge (Senior Division)/F.T.c./Additional Chief Judicial Magistrate, Mainpuri on the printed proforma is hereby set aside and matter is sent back to the court concerned to pass a fresh order in accordance with law.
The application is allowed.
Order Date :- 30.11.2018 Atul kr. sri.