Allahabad High Court
Manoj Kumar Pandey And 3 Others vs State Of U.P. And Another on 4 April, 2022
Author: Rajendra Kumar-Iv
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 27380 of 2021 Applicant :- Manoj Kumar Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.,Satish Chandra Singh,Sharad Chandra Singh Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned counsel for the opposite party no. 2 learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the entire proceeding of Criminal Case No. 2501 of 2021 (State vs. Manoj Kumar Pandey & others) arising out of Case Crime No. 84 of 2020, under Sections 188, 269, 270, 308, 323, 324, 504 I.P.C., 3 Epidemic Act and 51 Disaster Management Act, Police Station Jogiya Udaipur, District Siddharth Nagar.
Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the present case. He has committed no offence. He further submitted that learned lower court has passed the cognizance / summoning order without application of mind which is not sustainable in eye of law. He showed some papers and documents in favour of his contention.
Learned AGA and learned counsel for the opposite party no. 2 opposed the application but conceded the impugned order of cognizance order is not a reasoned order.
The order of cognizance and summoning of accused in criminal case is a serious matter and order must reflect that Court has applied his mind. Perusal of summoning order reflects no application of mind and it is non-speaking order. Practice of passing cognizance order in such manner must be deprecated which reflects no application of judicial mind and not sustainable in eye of law.
In view of the above, present application under Section 482 Cr.P.C. is allowed. The impugned summoning order passed by Trial Court is accordingly, quashed.
The court below is directed to pass a fresh order by speaking and reasoned order after application of judicial mind within a period of two weeks from the date of production of a copy of this order before it.
Office is directed to communicate this order to Magistrate concerned though Fax, E-mail or any speedier mode available.
Order Date :- 4.4.2022 Manoj