Neutral Citation No. - 2025:AHC-LKO:21041 Court No. - 19 Case :- APPLICATION U/S 482 No. - 3175 of 2025 Applicant :- Anoop Kumar Singh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. / Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Ganesh Kumar Gupta,Neeraj Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the opposite party No.1. 2. The present 482 Cr.P.C. application has been filed by the applicant for quashing the criminal proceedings of Case No.7405 of 2024 arising out of Charge Sheet No.4901 of 2019, under Section 406 I.P.C., P.S. Lambhua, District Sultanpur as well as cognizance order dated 24.01.2000 and summoning order dated 05.01.2002 passed by the Additional Chief Judicial Magistrate-I, Room No.17, District Sultanpur. 3. It is submitted by the learned counsel for the applicant that from the reading of the F.I.R., it is evident that no case under Section 406 I.P.C. is made out inasmuch as the necessary ingredients are lacking. It is contended that it is evident from the cognizance order that the Trial Court has failed to apply its mind in passing the cognizance order. It is further submitted that the applicant has been falsely implicated in the present case. It is submitted that it is a case of malicious prosecution and no offence against the applicant under Section 406 of I.P.C. is made out. 4. Learned A.G.A. has submitted that from the record, it is evident that the offence under Section 406 I.P.C. is made out against the applicant, and the Trial Court is not required to pass a detailed order in summoning the accused. 5. Be that as it may, perusal of the cognizance order dated 24.01.2000 indicates that it is without application of mind inasmuch as the order is only one line order. The order dated 24.01.2000 is being reproduced herein below:- " आज आररप पत पपप हहआ। अवलरककत। ससजपन ललयप गयप। आददश दजर रलजसटर हर। वपद ततयपरर नक़ल पदश हर। " 6. Since the order dated 24.01.2000 has been passed without application of mind, therefore, in such view of the fact, this Court quashes the cognizance order dated 24.01.2000 passed by the Additional Chief Judicial Magistrate-I, Room No.17, District Sultanpur. The matter is remitted to the Court concerned to pass fresh order regarding cognizance as per law. 7. For the reasons given above, the application U/s 482 Cr.P.C. is disposed off. Order Date :- 15.4.2025 S.Sharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad, Lucknow Bench