Khuman and 3 Ors v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 20160 of 2013 Applicant :- Khuman And 3 Ors. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Pratap Singh Counsel for Opposite Party :- Govt. Advocate,Satya Narayan Gupta Hon'ble Gajendra Kumar,J. Heard learned counsel for the applicant and learned AGA for the State. The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire proceeding of case No.7307 of 2011, under Section 420 IPC as well as summoning order dated 04.02.2013, which is pending before CJM, Lalitpur. Learned counsel for the applicant submits that the applicant has nothing to do with allegations made in the complaint. It is further submitted that the order dated 04.02.2013 by virtue of which, the applicants have been summoned for the offence under Section 420 IPC is cryptic one and non speaking order. On the other hand, learned AGA for the State had opposed the prayer but could not dispute the aforesaid facts. From the perusal of the order as well as record, it is apparent that the order dated 04.02.2013 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 applicants. Keeping 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 04.02.2013 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. In view of the such facts, the order dated 04.02.2013 is, hereby, set aside. Accordingly, the instant application stands disposed off. Order Date :- 6.11.2023 Ashutosh High Court of Judicature at Allahabad