Neutral Citation No. - 2025:AHC-LKO:44819 Court No. - 15 Case :- APPLICATION U/S 482 No. - 6080 of 2025 Applicant :- Shashwat Tewari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Shraddha Tripathi,Pawan Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. (I.A. No. Nil of 2025- impleadment application) 1. This is an application for impleadment seeking impleadment in the memo of the application. 2. Learned counsel for the applicant submits that due to some typographical error, the informant- Karan Bhushan Singh, S/o Brij Bhushan Singh, R/o- Village-Post- Vishroharpur, P.S.- Nawab Ganj, District- Gonda has not been mentioned as an opposite party. 3. Cause shown in the affidavit filed in support of the affidavit is sufficient. 4. Accordingly, the impleadment application is allowed. 5. Let necessary impleadment be incorporated in the memo of present application during the course of the day. (Order on present Application) 1. Heard Ms. Shraddha Tripathi, the learned counsel for the applicant and Sri Hans Raj Verma, the learned A.G.A. for the State. 2. Keeping in view the order proposed to be passed, issuance of notice to the opposite party No.2 is dispensed with. 3. By means of the instant application filed under Section 482 Cr.P.C., the applicants have sought quashing of the impugned charge-sheet dated 18.06.2019 as well as the summoning order dated 25.01.20222 passed in Case No.115 of 2022 and the impugned bailable warrant dated 01.07.2025 issued by the C.J.M., Gonda arising out of Case Crime No.143 of 2019 under Sections 500 IPC and Sections 66A, 66D, 67 of I.T. Act relating to Police Station- Nawabganj, District- Gonda. 4. A bare perusal of the impugned cognizance and summoning order dated 25.01.2022 indicates that the trial Court has stated that the charge-sheet was presented before the Court, the Court has perused the charge-sheet, case diary, site plan and other police documents. From the documents submitted by the police, a case for taking cognizance of the offence against the applicant is made out. The trial Court has stated that accordingly, cognizance of the offence is taken and summons have been issued to the applicant. 5. The case is being finally disposed of with the consent of the learned counsel for the parties as the Court does not propose to go into the factual aspects of the matter and in this view of the matter, the learned A.G.A. does not propose to file a counter affidavit. 6. The aforesaid narration made in the cognizance and summoning order indicates a total non-application of mind by the Chief Judicial Magistrate as the cognizance and the summoning order does not even make a mention of the offences of which the Magistrate has taken cognizance. It appears to be a stereotype order because it states that the Court has perused the site plan whereas no site plan has been prepared by the Investigating Officer. 7. This court has cautioned the trial Courts to take cognizance of the offence by a well reasoned order and not in a mechanical manner but the impugned order in the present case appears to have been passed mechanically. Due to the aforesaid defects which are apparent on the face of the summoning order itself, the summoning order is unsustainable in law. 8. Accordingly, the present application is allowed. The the summoning order dated 25.01.20222 passed by the C.J.M., Gonda in Case No.115 of 2022 arising out of Case Crime No.143 of 2019 under Sections 500 IPC and Sections 66A, 66D, 67 of I.T. Act relating to Police Station- Nawabganj, District- Gonda is hereby quashed. 9. The matter is remitted to the C.J.M., Gonda to pass an order afresh after properly perusing the entire prosecution material and the charge-sheet. 10. It is made clear that this Court has not examined the validity of the charge-sheet and in case the petitioner has an occasion, the present order shall not be treated as a bar for challenging the same. . (Subhash Vidyarthi,J.) Order Date :- 1.8.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench