Court No. - 84

Case :- APPLICATION U/S 482 No. - 25993 of 2022

Applicant :- Imran Khan And Another

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

Counsel for Applicant :- Irshad Husain,Manu

Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicants, learned

AGA for the State and perused the material

available on record.

By means of this application under section 482 of

the Code of Criminal Procedure, (in short 'the

Cr.P.C.')' order dated 08.08.2019 (annexure no.6)

passed by the CJM, Meerut in Case No. 9138 of

2019 has been sought to be quashed. By the

impugned order, cognizance has been taken on

the charge sheet in Case Crime No. 967 of 2018,

Police Station Kanker Khera, District Meerut.

It is inter-alia submitted by learned counsel for the

applicants that the learned Magistrate did not

apply his judicial mind at the time of taking

cognizance on the charge-sheet and impugned

order of taking cognizance has been passed on

printed proforma, which is not permissible in law.

For this submission attention of the Court has been

drawn to the judgement in Ankit vs. State of

U.P. and another, 2009 (3) U.P. Crl. Rulings

427.

Certified copy of the impugned order of taking

cognizance is paper No. 64, which shows that the

said order has been passed on the printed

proforma by filing up the blanks. The blanks on the

printed proforma appear to have been filled by

court employee and the learned Magistrate

thereafter put his initial, which shows non-

application of judicial mind in passing the said

order. It is very unfortunate that judicial order of

taking cognizance has been passed by the learned

Magistrate by filling up blanks on printed

proforma. This type of order has been held illegal

by this Court in Ankit case (supra). Hence the

impugned order is liable to be quashed on this

ground alone.

The learned AGA opposed the submissions but

conceded the factual submissions and further

submitted that in event, cognizance order is found

untenable, Court below be directed to pass afresh

order.

This Court in Application U/S 482 Cr.P.C. No.

39805 of 2017, Manoj Tiwari and 2 others

versus State of U.P. and another, decided on

11.02.2018, recorded its anguish, directed the

Court taking cognizance to pass fresh speaking

and reasoned cognizance order after applying his

judicial mind, in a number of cases this Court set

aside the cognizance order being cryptic and

proforma order or the order without application of

mind.

Judicial Officers passing such type of order not

only compelled the accused persons to approach

before this Court but also send message of his

incompetence in the society. Passing cognizance

order in such manner erodes the public faith in

judicial system. Passing of order in such a manner

must be deprecated but daily it is being seen that

Officer, despite having notice the order of this

Court, is not ready to improve himself in passing

detailed or reasoned cognizance order.

Considering facts of the case and manner in which

cognizance order is passed, legal position

discussed herein before, the application under

section 482 Cr.P. C. is allowed. The cognizance

order and consequential proceeding thereof stands

quashed.

Court below is directed to pass a fresh cognizance

order after applying its judicial mind within a

period of one month from the date when order is

brought to his notice.

Certify the judgement to trial Court forthwith.

Order Date :- 2.9.2022

I.A.Siddiqui

Digitally signed by IMRAN AHMAD

SIDDIQUI

Date: 2022.09.02 17:10:24 IST

Reason:

Location: High Court of Judicature at

Allahabad