IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Umme Farva – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. Heard Mr. Satish Kumar Dubey, Advocate holding brief of Mr. Manoj Kumar Pandey, learned counsel for the applicant, Mr. Najam Uz Zaman Khan, learned counsel for O.P. No.2 and Sri Pankaj Kumar Tripathi, learned A.G.A. for the State.
2. Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS (Corresponding Section 482 Cr.P.C.) with the relief which has been mentioned in the prayer clause of the application.
3. The relief which has been mentioned in the application is delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Cognizance/summoning order dated 23.10.2024 including the entire proceedings of Misc. Case No. 750/12/2024 (Dr. Mahmood Alam Khan vs. Umme Farva and others) pending in the Court of Chief Judicial Magistrate, Aligarh arising out of Case Crime No. 1004/2023, Under Sections 506, 507 IPC registered at Police Station-Kwarsi, District-Aligarh."
4. The brief facts of this case as per the First Information Report is that the Informant/O.P. no.2 was working as a Research Professor in the year 2020 at Hanyang Univers







The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
Judicial Magistrates must follow procedural requirements for taking cognizance of non-cognizable offenses, treating police reports as complaints and ensuring fair opportunity to the accused.
The Magistrate is not required to record detailed reasons when issuing summons in response to a police report, provided there are sufficient grounds for proceeding.
The final report under Section 173(2) Cr.P.C. does not bind the Magistrate, who has the power to take cognizance of offences based on the material collected during investigation.
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
Point of law: Cheating – Cognizance of offence - Once the learned Magistrate proceeded to record the sworn statement on the basis of the protest petition that itself is taking of the cognizance
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....
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