Kalka Pathak v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 23035 of 2022 Applicant :- Kalka Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mishra,Om Prakash Pathak Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J. Heard learned counsel for applicant and learned A.G.A. for the State and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 05.08.2015 as well as the entire proceeding of Case No.2050 of 2015, under Sections 323, 504 IPC, P.S. Biwar, District Hamirpur. Learned counsel for the applicant submits that the impugned summoning order dated 23.12.2015 has been passed by virtue of which, the applicant has been summoned for the offence under Section 323, 504 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 23.12.2015 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. 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 23.12.2015 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 23.12.2015 is here by set aside. Accordingly, the instant application stands disposed off. Order Date :- 22.11.2023 Imtiyaz High Court of Judicature at Allahabad