Santosh @ Santosh Kumar and 2 Others v. State of U.P. and Another

2023:AHC:219575 Court No. - 91 Case :- APPLICATION U/S 482 No. - 40975 of 2023 Applicant :- Santosh @ Santosh Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surya Prakash Dubey,Surendra Pratap Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the charge sheet No. Nil dated

22.08.2020 along with summoning order dated 20.03.2021 as well as entire proceeding of Case No. 10942 of 2021 (State vs. Santosh and others), arising out of NCR No. 293 of 2020, under Sections 352, 504, 427 IPC, Police Station Ghanghata, District Sant Kabir Nagar, pending in the court of Civil Judge (Senior Division)/Fast Track Court, Sant Kabir Nagar.

¶3Submission of learned counsel for the applicants is that the order dated 20.03.2021, by which cognizance has been taken on the charge sheet submitted by investigating officer after completing investigation, is cryptic one without reason and the Magistrate concerned has not mentioned in the order that for what offence the cognizance is taken by him. The entire proceeding is nothing but abuse the process of the Court. As such, the entire criminal proceeding against the applicant may be quashed.

¶4Per contra, learned AGA opposed the prayer of the applicant, but could not dispute the aforesaid facts.

¶5From perusal of the impugned order it is apparent that the impugned order is cryptic one, which cannot be sustained in the eye of law.

¶6Looking to the facts and circumstances of the case, it appears that the Magistrate concerned has passed the order in mechanical manner and the order does not reflect the offence in which the cognizance has been taken and the applicants have been summoned. Hence, the order dated 20.03.2021 whereby the applicants have been summoned, is hereby set-aside.

¶7The present application u/s 482 Cr.P.C. is allowed to this extent.

¶8The matter is remanded back to the trial court concerned to pass fresh order in accordance with law within a period of four weeks from the date of production of a certified copy of this order. Order Date :- 17.11.2023/v.k.updh. High Court of Judicature at Allahabad