Court No. - 84

Case :- APPLICATION U/S 482 No. - 27421 of 2022

Applicant :- Anurag Yadav

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

Counsel for Applicant :- Dharmendra Pratap

Singh

Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Heard learned counsel for the applicant, learned

AGA for the State and perused the material

available on record.

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

has been filed by applicant for quashing the entire

further proceeding in Case No. 63824 of 2017,

under Sections 420, 467, 468, 471 I.P.C. and under

Section 60 of the Excise Act as well as Case Crime

No. 443 of 2017, Police Station Chakeri, District

Kanpur Nagar as well as cognizance order dated

01.11.2017 and N.B.W. dated 21.11.2018.

It is submitted by learned counsel for the applicant

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. 42, 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.

Learned AGA opposed the submissioins 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 Officer 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 in passing detailed

or reasoned cognizance order.

Considering the 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 order dated

01.11.2017 passed by Chief Metropolitan

Magistrate, Kanpur Nagar, is quashed.

The 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 judgement to trial court forthwith.

Order Date :- 9.9.2022

Manoj

Digitally signed by MANOJ KUMAR

YADAV

Date: 2022.09.09 17:09:01 IST

Reason:

Location: High Court of Judicature at

Allahabad