Court No. - 86

Case :- APPLICATION U/S 482 No. - 24804 of 2022

Applicant :- Mahendra Kumar

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Santosh Kumar Kesarwani

Counsel for Opposite Party :- G.A.

Hon'ble Ajai Tyagi,J.

Heard learned counsel for the applicant and learned AGA for

the State.

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

filed for quashing the charge sheet dated 16.01.2017 in Case

Crime No.417 of 2016, undere Section 332 & 504 IPC, Police

Station- Maduwadeeh, Varanasi as well as to quash the

proceedings of the Case No.1768 of 2018 as well as cognizance

order dated 12.12.2018 passed by the Judicial Magistrate, Court

No.2, Varanasi.

Learned counsel for the applicant submitted that cognizance

order dated 12.12.2018 passed by learned Judicial Magistrate,

Varanasi is on a printed proforma and reveals non-application

of mind while taking cognizance of the offence. He placed

reliance on the decision of this Court in Application U/S 482

No. - 19303 of 2021 and prays for quashing of the cognizance

order.

It has been submitted by learned counsel for the applicant that

the learned Judicial Magistrate, Varanasi did not apply his

judicial mind at the time of passing the cognizance order

against the applicant as the impugned cognizance order has

been passed on a printed proforma, which is not permissible

under law. In support of his contention, learned counsel for the

applicant has relied upon the judgment in the case of Ankit Vs.

State of U.P. & Another; 2009 (9) ADJ 778.

Certified copy of the impugned cognizance order is annexed as

Annexure1 to this affidavit, which goes to show that the order

has been passed on a printed proforma by filling up the blanks.

Blanks on the printed proforma appear to have been filled by

the court employee. Learned Judicial Magistrate, Varanasi has

simply put his initial over his name without applying his

judicial mind before passing the said order.

The argument advanced on behalf of applicant has substance.

The use of blank printed proforma in passing the judicial order

is not proper and the order of cognizance against the applicant

has been passed without application of judicial mind.

In view of the facts and circumstances of the case, stated above

and the law laid down in case of Ankit Vs. State of U.P. &

Another (supra), the impugned cognizance order dated

12.12.2018 is hereby quashed.

Learned court below is directed to pass a fresh order on the

complaint after applying his judicial mind.

In above terms, application is disposed of.

Order Date :- 1.9.2022

Ashutosh Pandey

Digitally signed by ASHUTOSH

PANDEY

Date: 2022.09.06 12:35:12 IST

Reason:

Location: High Court of Judicature at

Allahabad