Court No. - 45
Case :- APPLICATION U/S 482 No. - 7317 of 2018 Applicant :- Suresh And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devesh Kumar Shukla Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and Shri Vinod Kant, learned Additional Advocate General assisted by Shri Nikhil Chaturvedi learned counsel for the State.
This application under section 482 Cr.P.C. has been filed to quash the cognizance order dated 6.11.2017 as well as entire prosecution of the applicants under sections 452, 323, 506 I.P.C. pending in the court of Additional Chief Judicial Magistrate-II, Aligarh and charge sheet dated 6.8.2017(arising out of Crime No. 203 of 2017) P.s. Akrabad District Aligarh.
The argument is that the Additional Chief Judicial Magistrste, II, Aligarh while passing the order impugned dated 6.11.2017 under sections 452, 323, 506 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.
Shri Vinod Kant, learned Additional Advocate General appearing on behalf of opposite party no.1 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 6.11.2017 passed by the Additional Chief Judicial Magistrate-II, Aligarh 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.
Order Date :- 30.10.2018 Atul kr. sri.