Court No. - 83

Case :- APPLICATION U/S 482 No. - 8600 of 2022

Applicant :- Shah Amber And 4 Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Ajay Kumar,Vinod

Kumar Sharma

Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicants, learned

A.G.A. for the State and perused the material

available on record.

The present application under Section 482 Cr.P.C.

has been filed by applicants for quashing the

cognizance order dated 24.09.2021 passed by

Judicial Magistrate, Court No. 4, Allahabad in Case

No. 1409 of 2021, arising out of Case Crime No.

254 of 2020, Police Station Kareilly, District

Allahabad as well as entire proceeding and charge

sheet dated 31.10.2020.

Learned counsel for the applicants submits that

the applicant is innocent and has been falsely

implicated in the present case. He has committed

no offence. He further submitted that learned

lower court has passed the cognizance /

summoning order without application of mind

which is not sustainable in eye of law. He showed

some papers and documents in favour of his

contention.

Learned AGA opposed the application but

conceded the impugned order of cognizance order

is not a reasoned order.

The order of cognizance and summoning of

accused in criminal case is a serious matter and

order must reflect that Court has applied his mind.

Perusal of summoning order reflects no application

of mind and it is non-speaking order. Practice of

passing cognizance order in such manner must be

deprecated which reflects no application of judicial

mind and not sustainable in eye of law.

In view of the above, present application under

Section 482 Cr.P.C. is allowed. The impugned

summoning order passed by Trial Court is

accordingly, quashed.

The court below is directed to pass a fresh order

by speaking and reasoned order after application

of judicial mind within a period of two weeks from

the date of production of a copy of this order

before it.

Office is directed to communicate this order to

Magistrate concerned though Fax, E-mail or any

speedier mode available.

Order Date :- 19.4.2022

Manoj

Digitally signed by MANOJ KUMAR

YADAV

Date: 2022.04.19 18:09:45 IST

Reason:

Location: High Court of Judicature at

Allahabad