Allahabad High Court
Sumit Kumar Bisdaha vs State Of U.P. And Another on 4 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- APPLICATION U/S 482 No. - 15300 of 2022 Applicant :- Sumit Kumar Bisdaha Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This criminal misc. application U/s 482 Cr.P.C. is filed to quash the charge-sheet No.01/2020, dated 29.09.2020 along with cognizance order dated 01.10.2020 as well as the consequential proceedings of case no.12821/2020 (State vs. Sumit Kumar Bisdaha) under Section 420 IPC and 20/21/04 of the Indian Telegraph Act, 1933, P.S. Sector 20 Noida, District Gautam Buddh Nagar arising out of case crime no.683/2020 pending in the court of Chief Judicial Magistrate, Gautam Buddh Nagar.
At the very outset, the learned counsel for the applicant submitted that the impugned cognizance order is defective, charge-sheet has been submitted under section 420 IPC and Section 20/21/04 of the Indian Telegraph Act but in the cognizance order, all the sections of IPC are mentioned. Learned counsel further contended that it is total non application of mind by the learned Magistrate while passing the impugned summoning order.
Learned AGA conceded that there is a defect in the impugned summoning order but he submitted that it is a clerical mistake.
It is settled principle of law that the time of passing the cognizance order/ summoning order, the Magistrate has to apply his judicial mind and record his satisfaction. The impugned cognizance order dated 01.10.2020 clearly indicates non application of mind by the learned Magistrate while passing impugned summoning order. Hence the impugned summoning order is not sustainable in the eye of law and is liable to be quashed.
The application U/s 482 Cr.P.C. is partly allowed only to the extent of quashing the impugned cognizance order dated 01.10.2020 and the same is hereby quashed. The learned Magistrate will pass a fresh order within three weeks from the date of production of a certified copy of this order before him.
Order Date :- 4.8.2022 C. MANI