Mohd. Anish v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 32761 of 2023 Applicant :- Mohd. Anish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav,Mohit Kumar Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated

27.03.2019 as well as the entire proceeding of Complaint Case No.02 of 2019, under Section 18-C/27 of Drugs and Cosmetic Act, 1940, Police Station Rampur Maniharan, District Saharanpur.

¶3Learned counsel for the applicant submits that the applicant has nothing to do with the alleged offence. Moreover, the impugned order is non speaking order and passed in cryptic manner.

¶4On the other hand, learned AGA for the State had opposed the prayer but could not dispute the aforesaid facts.

¶5From the perusal of the order as well as record, it is apparent that the order dated 27.03.2019 is cryptic one. No narration of fact has been given in the order nor there is satisfaction recorded by the court concerned as to what is the material warranting the summoning the accused on the basis of prima facie case is made out against the applicant.

¶6Keeping in view the entire facts and circumstances of the case and the manner in which proceeding carried out by the trial court, it is apparent that the order dated 27.03.2019 is cryptic one and is passed without application of mind and against the principles of law, which is not sustainable in the eye of law and the order is set aside with the direction to the court concerned to decide the matter afresh.

¶7In view of the such facts, the order dated 27.03.2019 is here by set aside.

¶8Accordingly, the instant application stands disposed off. Order Date :- 16.10.2023 Sanjeet High Court of Judicature at Allahabad