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2020 Supreme(All) 1210

MANJU RANI CHAUHAN
Sudesh Bhadauria – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Ashutosh Sharma
For the Respondents: A.G.A.

JUDGMENT :

Manju Rani Chauhan, J.

1. Heard Sri Ashutosh Sharma, learned counsel for the applicant and Sri Amit Singh Chauhan, learned A.GA. for the State.

2. This application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 20.2.2019 as well as subsequent orders and the entire proceedings of Complaint Case No. 3073 of 2018 (Shriram Transport v. Sudesh), Police Station Navabad, District Jhansi, pending in the Court of A.C.J.M.-II, Jhansi.

3. It has been submitted by learned counsel for the applicant that the Judicial Magistrate did not apply his judicial mind at the time of passing the summoning order against the applicant as the impugned summoning 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 v. State of U.P. and another, 2009 (9) ADJ 778.

4. Certified copy of the impugned summoning order is annexed as Annexure 1 to the 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 emplo

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