Allahabad High Court
Gopal Chand vs State Of U.P. And Another on 5 July, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 7825 of 2022 Applicant :- Gopal Chand Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Yashpal Yadav,Indra Deo Yadav Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State This application has been filed with a prayer to to quash the charge sheet dated 14.1.2019 and proceeding in pursuance of criminal Case No. 6213 of 2019 (State Vs. Gopal Chand) arising out of Case Crime NO. 190 of 2018, e sections 410, 420, 406, 506 IPC, PS. Kaptanganj pending in the court of A.C.J.M. Court No. XIII, Azamgarh as well as the summoning order dated 27.03.2021.
Counsel for the applicant confines his arguments to the first part of the submission that the summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law.
A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments.
In view of the categorical pronouncements of this Court, the impugned order dated 27.03.2021 is set aside and the matter is remanded before the concerned court below for passing fresh orders of summoning and cognizance if it deems fit.
Consequently, the application is allowed in part in terms of the order passed above.
Let a copy of this order be sent to the concerned Court below for its compliance as stated above.
Order Date :- 5.7.2022 RPD