PRADEEP @ PRADEEP YADAV AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND ANOTHER
A482/7317/2025 · 2025-09-02
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161872 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7317 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. The application under Section 482 Cr.P.C./528 B.N.S.S. has been filed by the applicants for quashing of the entire proceedings of Case No. 32832/2024 (State Vs. Pradeep and others) arising out of Crime No. 473/2022, under Sections 34, 452, 323, 324 and 506 I.P.C., Police Station Mallawan, Distirct Hardoi, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Hardoi and to quash the summoning
order/cognizance order dated 15.07.2024 passed by Additional Chief Judicial Magistrate, Court No.1, Hardoi. Learned A.G.A. contends that the applicants were named in the F.I.R. and specific role was attributed to the applicants in the F.I.R. to assaulting the victim. There are eye-witnesses to the incident and the prosecution case is also corroborated by the medical report, which is the part of the prosecution evidence. A prima facie case is disclosed against the applicants. Sri Nishit Mishra, learned counsel for the applicants submits that learned Magistrate has passed a cryptic order, which does not disclose any application of mind before taking cognizane of the offence. There is prima facie merit in the submission of learned counsel for the applicants. A perusal of order of cognizance shows that it Versus Counsel for Applicant(s) : Nishit Mishra Counsel for Opposite Party(s) : G.A. Pradeep @ Pradeep Yadav And 4 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s)
is cryptic and vitiated by non-application of mind. In this wake, the impugned order dated 15.07.2024 passed by the court of Additional Chief Judicial Magistrate, Court No.1 “ State Vs. Pradeep and others”, in pursuant to the Crime No. 473/2022, under Sections 34, 452, 323, 324 and 506 I.P.C., Police Station Mallawan, Distirct Hardoi is quashed. The matter is remitted back to the trial court. The Magistrate shall pass a reasoned order while taking cognizance of the offences. The order should reflect application of mind to the facts and evidences on record, before cognizance of the offences is taken. The exercise shall be completed within a period of one month from the date of receipt of copy of this order. The parties are
directed to cooperate in the proceedings taken out in compliance of this order. In case the applicants or any other party do not cooperate in the said proceedings or adopt dilatory tactics, the learned trial court shall record a finding to this effect and proceed to decide the matter within the time stipulated above. The application under Section 482 Cr.P.C./528 B.N.S.S. is partly allowed. September 2, 2025 Arvind A482 No. 7317 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench