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ARUN KUMAR SINGH DESHWAL
Ram Kewal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ARUN KUMAR SINGH DESHWAL, J.
1. Learned counsel for the applicant is permitted to correct the prayer clause, during the course of the day.
2. Despite service of notice, no one appears on behalf of opposite party no. 2.
3. Heard learned counsel for the applicant and Sri Arvind Kumar Tripathi, learned AGA for the State.
4. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no. 05/2016 arising out of Case Crime No. 373/15, under Sections-419, 420 IPC, Police Station Kotwali Colonelganj, District Gonda, as well as summoning order dated 01.03.2016 passed by Chief Judicial Magistrate, Gonda.
5. Contention of learned counsel for the applicant is that the impugned cognizance order on the impugned charge-sheet was illegal as same was absolutely passed without application of mind being filled up printed proforma and signing the same. In support of his submission, learned counsel for the applicant has relied upon the judgment of coordinate Bench of this Court dated 04.01.2023 passed in Application u/s 482 No. 9892 of 2022.
6. Per contra, learned AGA has opposed the prayer but could not dispute the aforesaid fact that the cognizance order is nothing but simply fil
The main legal point established in the judgment is that the magistrate is required to apply his mind before issuing process, and the mere filling up of a printed proforma and signing the same withou....
The main legal point established in the judgment is the requirement for the Magistrate to apply his mind and reflect a prima facie opinion based on the material collected during investigation when pa....
It is settled that taking cognizance is a well-known but undefined concept in criminal jurisprudence. The Code of Criminal Procedure does not define word "cognizance". The dictionary meaning of the w....
The main legal point established in the judgment is the requirement for judicial officers to apply judicial mind and not use printed proforma in passing judicial orders.
Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appearbefore ....
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
The summoning of an accused in a criminal case is a serious matter and the order must reflect that the Magistrate had applied his mind to the facts and the law applicable.
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
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