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2021 Supreme(All) 1184

Gangaram – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anil Kumar Bind.

JUDGMENT :

VIKAS BUDHWAR, J.

1. Whether summons issued on cyclostyled and printed proforma, qualifies the litmus test of being the real intent of the word “cognizance” is a question which falls for determination before this Court in the present proceeding.

2. Heard Sri. Anil Kumar Bind, learned counsel for the applicants and Sri. K.K. Rajbhar, who appears for opposite party nos. 1 and 2.

3. In view of the order which is being proposed to be passed today, there is no need to issue notice to the opposite party no. 2 as the learned counsel for the applicants as well as the learned A.G.A. have consented for disposal of the present application at the admission stage, particularly in view of the peculiar facts of the case, wherein only the order summoning applicants dated 06.11.2020 is subject matter of scrutiny on a technical issue as demonstrated in the latter part of the judgment.

4. This application u/s 482 Cr.P.C. has been filed for quashing of the charge-sheet no. 03/2019 dated 05.01.2019 and cognizance order dated 06.11.2020 as well as entire criminal proceeding of Case No. 3649 of 2020 (State vs. Nanne and Others) pending before Additional Civil Judge (Senior Division) Shahjahanpur ar

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