Use Of Blank Printed Proforma For Passing Summoning Order Is Unsustainable In Law: Allahabad High Court
The Allahabad High Court, Lucknow Bench while allowing an application filed under Section 482, CrPC held that the use of a blank-printed proforma for passing the summoning order is unsustainable in law.
A Single Bench of Justice Subhash Vidyarthi observed, “...that the impugned summoning order is unsustainable in law. The present application under section 482, Cr.P.C. is allowed.”
The Bench relied upon the case of Virendra Kumar Bajpai v. State of U.P., Application under section 482 Cr.P.C. No. 7972 of 2022 in which it was held by the Court that use of blank printed proforma for passing judicial order indicates non-application of judicial mind while passing a summoning order and such an order cannot be sustained in law.
Advocates Abhishek Mishra and Prashant Shukla appeared on behalf of the applicant while AGA Tilak Raj Singh and Advocate Ajay Kumar appeared for the State and informant respectively.
In this case, the applicant sought for quashing the chargesheet filed under Sections 308, 323, 324, 325, and 506 of the IPC and the summoning order passed by the Judicial Magistrate and the consequential order issued by the Judicial Magistrate-II issuing non-bailable warrants against the applicant.
The proceedings were initiated by lodging an FIR against five persons, including the applicant, alleging that the five accused persons had attacked the informant and his father. The F.I.R. alleged that the co-accused was carrying a Farsa and country-made pistol and other accused persons were carrying sticks.
The High Court after hearing the contentions of counsel ordered, “The chargesheet dated 11.7.2020 bearing Chargesheet No. 01 filed in Case Crime No. 0070 of 2019 under sections 308,323,324,325 and 506, I.P.C. and the summoning order dated 26.8.2020 passed by the Judicial Magistrate, Ambedkar Nagar, and the consequential order dated 05.12.2022 issued by the Judicial Magistrate-II, Ambedkar Nagar, issuing non-bailable warrants against the applicant as also all the proceedings of Criminal Case No. 770 of 2019 pending before the Judicial Magistrate-II, Ambedkar Nagar, are hereby quashed.”
Accordingly, the Court allowed the application and quashed the orders of the Judicial Magistrate.
Cause Title- Dhanesh Kumar @ Dhanesh Kumar Mishra v. State Of U.P. Thru. Prin. Secy. (Home) Lko. and Another