The Allahabad High Court at Lucknow has reiterated that issuance of summoning order on printed proforma shows non application of mind by the magistrate concerned.
One, Ved Krishna filed a Petition under Section 482 of CrPC seeking quashing of the summoning order dated 24.6.2019 passed by the Chief Judicial Magistrate,Faizabad in Criminal Case No. 6951 of 2019, State Vs. Ved Krishna and another, arising out of case crime no. 639 of 2018, under sections 494,498A,323,504 and 506 IPC, Police Station Kotwali Ayodhya, District Faizabad.
Mr. Rishad Murtaza, counsel for the Petitioner submitted that if the cognizance has been taken on the printed proforma, the same is not sustainable in the eye of law. In this regard, he placed reliance on the following Judgments:
- Basaruddin & others Vs. State of U.P. and others 2011 (1) JIC 335 (All)(LB)
- Kavi Ahmad Vs. State of U.P. and another passed in Criminal Revision No. 3209 of 2010
- Abdul Rasheed and others Vs. State of U.P. and another 2010 (3) JIC 761 (All)
- Vishnu Kumar Gupta and another Vs. State of U.P. and another in Application No. 41617 of 2019 (U/s 482 Cr.P.C.).
In view of the above Hon’ble Justice Rekha Dixit of Allahabad High Court allowed the Petition and quashed the summoning order. The Court has directed Magistrate concerned to pass fresh order in accordance with law.
Title: Ved Krishna vs State of U.P. and Another
Case No:- Petition U/s 482 No.683 of 2021
Coram: Hon’ble Justice Rekha Dixit
Counsel for the Petition: Mr. Rishad Murtaza