Neutral Citation No. - 2025:AHC-LKO:11684 Court No. - 13 Case :- APPLICATION U/S 482 No. - 10596 of 2024 Applicant :- Karanvir Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Divya Prakash,Mohd. Shahid Akhtar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, the learned A.G.A. and perused the record. 2. The present application under Section 482 CrPC has been filed with the following prayer : "(i) To quash the entire proceedings of CriminalCase No.4752 of 2020 (State Vs. Karanvir Singh), arising out of charge-sheet No.A- 246 (01) of 2017 dated 11.12.2017 in pursuance of Case Crime No./First Information Report No.544 of 2017, under Sections 174-A I.P.C., relating to Police Station Mishrikh, District Sitapur pending before learned Chief Judicial Magistrate, Sitapur as well as summoning order dated 16.03.2020 passed by learned Additional Chief Judicial Magistrate, Sitapur, contained as Annexure Nos.1 and 2." 3. Learned counsel for applicant submitted that though the FIR in question was lodged against the applicant under Section 392 I.P.C. but after investigation charge-sheet was submitted by the Investigating Officer under Section 174-A I.P.C. He further submits that the trial court had taken cognizance on the aforesaid charge-sheet and has passed the summoning order dated 16.03.2020 under Section 177/171-A I.P.C. on a printed proforma in most mechanical manner. It is vehemently submitted by the learned counsel for applicant that as it was obligatory on the part of court below to summon the applicant under the charging sections mentioned in the charge-sheet and thus the trial court committed error in passing the summoning order. In support of his submission, he relies upon the judgement of Apex Court in the case of State of Gujarat Vs. Girish Radhakishan Varde : AIR 2014 SC 620. 4. Learned A.G.A. vehemently opposes the prayer of the applicant but he does not dispute the fact that the charge- sheet was submitted by the Investigating Officer against applicant under Section 174-A I.P.C. and the trial court has passed the summoning order under Section 177/171-A I.P.C.. Learned A.G.A. further submits that he has no objection in case the summoning order is set aside and the matter is remanded back to the court below to pass an order afresh. 5. Considering the submissions of the learned counsel for the applicant, learned A.G.A. and going through the contents of the FIR, charge-sheet submitted by the Investigating Officer, summoning order passed by court below as well as the judgement of the Apex Court referred above, it is evident that the FIR of the case in question was lodged for the offences under Section 392 I.P.C. and the Investigating Officer on the basis of evidence collected during the course of investigation submitted charge-sheet under Section 174-A I.P.C. However, while taking cognizance on the same, trial court passed the summoning order under Section 177/171-A I.P.C. on a printed proforma, which clearly reveals that there is non-application of mind in passing the summoning order. Thus, this Court is of the view that the impugned summoning order is liable to be set aside. 6. In view of the discussions made above, present application under Section 482 CrPC is allowed. The summoning order dated 16.03.2020 passed by court below is set aside. The matter is remanded back to the trial court to pass an order afresh within a period of one month in the light of the discussions made herein above and also in the light of the judgement of the Apex Court relied upon by the learned counsel for applicant. Order Date :- 24.2.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench