Court No. - 19 Case :- APPLICATION U/S 482 No. - 3184 of 2025 Applicant :- Ayush Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Chandan Srivastava,Ichchha Singh,Santosh Kumar Shukla 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 State. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing the charge-sheet dated 06.09.2017 as well as cognizance/summoning order dated 28.03.2018 passed by the Additional Chief Judicial Magistrate, Room No.26, Lucknow in Case No.19807 of 2018 arising out of Case Crime No.318 of 2017, under Section 3/25 Arms Act, 1959, P.S. Mahanagar, District Lucknow. 3. It is submitted by learned counsel for the applicant is that the cognizance/summoning order has been passed on a printed proforma and thus, 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 is made out. 4. Learned A.G.A. has submitted that from the record, it is evident that the offence under Section 3/25 Arms Act 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/summoning order reveals that it has been passed on a printed proforma wherein date fixed for appearance is filled in by handwriting. 6. This Court has depreciated the practice of issuing summoning order on a printed proforma in the case of Nirdosh Singh and 3 Others Vs. State of U.P. & Another (Application U/s 482 Cr.P.C. No.3146 of 2022. Relevant paragraphs are reproduced herein-below:- "So far as the argument that the cognizance order has been on a printed proforma is concerned, although it has been held by this Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 that the Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge-sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge-sheet, the court is required to apply its judicial mind and even the order of taking cognizance cannot be passed in mechanical manner. Hon'ble Apex Court in the cases of Harischandra Prasad Mani and others Vs. State of Jharkhand and another (2007) 15 Supreme Court Cases 494, Fakhruddin Ahmad Vs. State of Uttaranchal and another (2008) 17 Supreme Court Cases 157 and Ankit Vs. State of U.P. and others, U.P. Criminal Report 2009 (3) 427 has established that if the order on printed proforma is passed it establishes that the Magistrate concerned has not applied his mind to the evidence on record in order to take cognizance of the offence concerned. In the present case also the cognizance order has been passed by the Magistrate concerned on a printed proforma just by putting his initials on the order, which clearly shows that the Magistrate concerned has not applied his judicial mind and has not gone through the material collected by the Investigating Officer against the applicant in the case." 7. Since the controversy is concluded by the judgement of this Court in the case of Nirdosh Singh (supra), therefore, the cognizance/summoning order dated 28.03.2018 is quashed. The Trial Court is directed to pass a fresh order regarding cognizance/summoning as per law. 8. It is made clear that this Court has not expressed any opinion on merit of the case and has quashed the cognizance/summoning order only on the ground that it has been passed on a printed proforma. 9. For the reasons given above, the present Application under Section 482 Cr.P.C. is allowed. Order Date :- 15.4.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad, Lucknow Bench