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2024 Supreme(All) 41

ARUN KUMAR SINGH DESHWAL
Ram Kewal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Angrej Nath Shukla, Deo Prakash Srivastava, Naveen Kumar Pandey.

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

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