Neutral Citation No. - 2025:AHC-LKO:25213 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2713 of 2025 Applicant :- Ramavati Opposite Party :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dheerendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. With the consent of learned counsel for the applicant and learned A.G.A. for the State the present application is decided at this stage. 3. The present application under Section 482 Cr.P.C./ 528 BNSS has been filed with the following prayer : "it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set-aside the impugned summoning order dated 03.10.2017 passed by learned Additional Chief Judicial Magistrate, Court No.-3, Unnao in Complaint No. 2366/2018 (State Vs. Ramavati) by which the learned Court below summoned the innocent applicant to face trial under section 182 IPC, without there being any fruitful material against her ignoring the real fact and the Challani report dated 01.06.2015 forwarded by the investigating officer of FIR No. 0092/2015, dated 01.06.2015, get lodged under section 394 IPC, at police station Sohramau, district Unnao which is contained as ANNEXURE NO. 1." 4. Learned counsel for the applicant has submitted that the complainant has lodged an F.I.R. dated 1.6.2015 against the four named accused persons making allegation that when all the family members had gone for Tilak Ceremony on the same date at 11.30 hours the accused persons entered into the house of the applicant and snatched the jewellery from the lady present in the house apart from that stolen the other articles from the house. The police on the very same day filed the final report in the said case and on the very same day filed a challani report under Section 182 I.P.C. against the applicant. The applicant, who is the complainant in Case Crime no. 92/2015 filed a protest petition and after hearing the applicant the protest petition was allowed and the case was treated as complaint case, warrants have been issued against the named accused persons and case is still going on. 5. Once on the basis of the F.I.R. dated 1.6.2015 the criminal case is still going on after allowing the protest petition / application preferred by the applicant, then there was no occasion for the concerned court to issue the summoning order by taking cognizance on challani report filed under Section 182 I.P.C. against the applicant. 6. It is further submitted that the summoning order has been passed on a printed proforma mentioning therein that after the perusal of chargesheet and the case diary alongwith other documents, the cognizance has been taken, whereas there was no chargesheet, case diary except the challani report dated 1.6.2015 under Section 182 I.P.C. submitted by the Investigating Officer. 7. After hearing learned counsel for the parties, going through the record of the case, it shows that the cognizance and summoning order passed by the concerned Magistrate is without application of mind for the reason that firstly, the cognizance and summoning order is on the printed proforma indicating therein that after perusal of the chargesheet, the case diary and other documents, the cognizance has been taken and the summon has been issued, whereas there was no chargesheet filed by the police before the court concerned as only a challani report dated 1.6.2015 under Section 182 I.P.C. had been filed by the Investigating Officer. Secondly, the Investigating Officer, who had filed the challani report under Section 182 I.P.C. stating therein that the F.I.R. lodged by the applicant on 1.6.2015 is a false F.I.R. against the named accused persons, concerned court has completely failed to appreciate that how the police had filed the final report on the very same day of lodging of an f.I.R. and moving an application under Section 182 I.P.C. before the court concerned. Thirdly, against the final report submitted by the police, the applicant preferred a protest petition / application, which was allowed and thereafter the case was registered as complaint case and summons and thereafter bailable warrants have been issued against the named accused persons, so the same court is proceeding in the matter in pursuance of the F.I.R. dated 1.6.2015 lodged by the applicant and in the same matter on the challani report given by the police under Section 182 I.P.C., the court concerned has taken cognizance and issued summons against the applicant. 8. In view of the facts and discussion made hereinabove, the impugned summoning order 03.10.2017 passed by learned Additional Chief Judicial Magistrate, Court No.-3, Unnao in Complaint No. 2366/2018 (State Vs. Ramavati) is hereby quashed. 9. The application under Section 482 Cr.P.C. is allowed. Order Date :- 1.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench