Gyan Prakash v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 41101 of 2023 Applicant :- Gyan Prakash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Yadav,Parmeshwar Yadav Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 23.11.2022 and cognizance/summoning order dated

15.09.2023 as well as the entire proceeding of Criminal Case No.13462 of 2023, arising out of Case Crime No.96 of 2022, under Sections 419, 420, 409 IPC, P.S. Senduria, District Allahabad.

¶3Learned counsel for the applicant submits that the applicant has no concern with the aforesaid offence. It is further submitted that the order dated 15.09.2023 by virtue of which, the applicant has been summoned for the aforesaid offences is cryptic one and non speaking order.

¶4On the other hand, learned AGA for the State had opposed the prayer but could not dispute the aforesaid facts.

¶5From the perusal of the order as well as record, it is apparent that the order dated

15.09.2023 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.

¶6Keeping 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

15.09.2023 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.

¶7In view of the such facts, the order dated 15.09.2023 is here by set aside.

¶8Accordingly, the instant application stands disposed off. Order Date :- 4.12.2023//Sanjeet High Court of Judicature at Allahabad