Allahabad High Court
Deepak Yadav @ Lalla And Another vs State Of U.P. And Another on 14 June, 2021
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 6932 of 2021 Applicant :- Deepak Yadav @ Lalla And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned AGA for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge sheet No. 210 of 2018 dated 24.12.2018 based on cognizance and summoning order dated 5.12.2019 as well as further proceedings of Case No. 9071 of 2019 (State vs. Deepak Yadav and others) arising out of Case Crime No. 344 of 2018, under Sections 307, 323, 504 IPC and 3(2) (v) of SC/ST Act, P.S. Kakadev, District- Kanpur Nagar, pending in the Court of Special Judge, SC/St Act, Kanpur Nagar.
Learned counsel for the applicants has submitted that in the instant case the order taking cognizance has been passed in a printed proforma by filling in the blanks and as such, the same cannot be sustained in the eyes of law being based on non application of mind and passed in a routine manner.
Per contra, learned AGA has submitted that necessary sections and the name of the applicants has been mentioned by filling in the blanks.
Considering the submissions of counsel for the parties and perusing the order, it is evident that the impugned order has been passed by filling in the blanks, which is not sustainable in the eyes of law and, therefore, the impugned order dated 5.12.2019 is liable to be set aside In view of the above, the impugned order dated 5.12.2019, which has been passed on a printed proforma, is set aside with a direction to the court below to pass fresh speaking and reasoned order in accordance with law preferably within two months from the date of production of a certified copy of this order.
With these observations, this application u/s 482 Cr.P.C. stands allowed.
Order Date :- 14.6.2021 KU