Rajendra and 4 Others v. State of U.P. and 2 Others

Court No. - 91 Case :- APPLICATION U/S 482 No. - 36199 of 2023 Applicant :- Rajendra And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Goswami Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

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

¶2By moving this application u/s 482 Cr.P.C., the prayer is made to set aside the summoning order dated 01.11.2022 passed by learned Judicial Magistrate/ Civil Judge (Junior Division), Court No.1, Agra in Complaint Case No.14082 of 2021 (Raj Kumar Verma Vs. Rajendra and Others), under sections 420 IPC, Police Station Hari Parwat, District Agra, pending in the court of Judicial Magistrate/ Civil Judge (Junior Division), Court No.1, Agra.

¶3It is submitted by learned counsel for the applicants that on the basis of false and frivolous allegations learned Judicial Magistrate has summoned the applicant no.1 and 5 in a mechanical way without application of mind and adverting to the facts of the case in the impugned order. The order is non-speaking and a cryptic one which is not sustainable in the eyes of law, hence, the order impugned is liable to be set aside remanding the matter to the trial court to decide afresh after passing speaking and reasoned order. He also submits that no finding has been recorded by concerned Magistrate while passing the impugned summoning order.

¶4Learned AGA has opposed the prayer but could not dispute the aforesaid facts.

¶5From a bare perusal of the impugned order, it reflects that there is nothing which may indicate that learned Magistrate had even considered facts of the case in hand before passing the summoning order. Impugned order clearly lacks the reflection of application of judicial discretion or mind. Nothing is there which may show that learned Magistrate, before passing of the order under challenge had considered facts of the case and evidence or law. Therefore it appears that, in fact, no judicial mind was applied before the passing of impugned order of summoning. Such order cannot be accepted as a proper legal judicial order passed after following due procedure of law.

¶6Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, the order impugned dated 01.11.2022 is cryptic one and lacks application of mind at the part of the ACJM concerned, the continuance of which is tantamount to abuse of process of Court.

¶7Hence, the impugned order dated 01.11.2022 is hereby set aside. The matter is remanded back to the trial court concerned to decide the matter afresh in accordance with law, within a period of one month from the date of production of certified copy of this order.

¶8With the above direction the application under section 482 Cr.P.C. is disposed of finally. Order Date :- 2.12.2023 Shiv High Court of Judicature at Allahabad