Zulfekar and 2 Others v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 37494 of 2023 Applicant :- Zulfekar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant, learned State counsel and perused the record.

¶2This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned charge sheet dated

27.9.2021 as well as cognizance/ summoning order dated

30.10.2021 and the entire proceedings of Case No. 2013 of 2021 (State vs. Babu and others) arising out of Case Crime No. 157 of 2021, under Sections 147, 148, 149, 186, 353, 336, 504, 506 I.P.C. and U/s 7 Criminal Law Amendment Act, P.S.- Bhojpur, District Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad and with the further prayer to stay the entire proceedings of the said case.

¶3Learned counsel for the applicant has drawn the attention of the Court to the cognizance/ summoning order, the copy of which is annexed at page no. 60 to the paper book. It is argued that the same is on a printed proforma without application of mind. It is argued that from perusal of the order dated 30.10.2021 it is apparent that the same is on a printed proforma in which the Section, Police Station, Case No., name of the accused are kept blank and have been filed by ink along with next date for appearance of the accused whereas all the other contents of the order are previously printed. It is argued that the same clearly demonstrates that there has been total non application of mind by the concerned trial court and the order taking cognizance and summoning the accused is thus bad in the eyes of law.

¶4Learned counsel for the State though opposed the prayer for quashing but could not dispute the fact that the order taking cognizance and summoning the accused dated 30.10.2021 is on a printed proforma with blank spaces of the relevant things which have been filled in ink.

¶5Time and again, it has been held that orders of printed proforma cannot be passed and the said system of passing such orders have been deprecated.

¶6In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1, a Division Bench of this Court has held as follows:-

¶7"The passing of orders in printed proforma/cyclostyled formats have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:-

¶12000 ILR (Kar) 4773, Vijaya Bank Vs. State.

¶22010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another.

¶32009 (67) ACC 532, Ankit Vs. State of U.P. & another.

¶42010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P."

¶8Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the order dated

30.10.2021 is hereby set-aside.

¶9The present application is allowed to this extent.

¶10The matter is remanded back to the trial court concerned to pass fresh order in accordance with law within a period of three weeks from the date of production of a certified copy of this order. Order Date :- 3.11.2023 Shiv High Court of Judicature at Allahabad