PHOOL CHAND AND 3 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND ANOTHER
A482/7396/2025 · 2025-09-16
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162462 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162462 (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. - 7396 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. Instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the summoning order dated 8.03.2024 passed by Additional Civil Judge Ist/Additional Chief Judicial Magistrate, Sultanpur in Case No. 868 of 2024 (State Versus Shripati and Others) as well as the charge sheet dated 7.11.2023 submitted in Case Crime No. 268 of 2023, under Sections 323, 504, 506, 452 of I.P.C., Police Station-Akhandnagar, District Sultanpur. It is argued by the learned counsel for the applicants that the summoning order impugned herein dated 08-03-2024 has been passed on proforma, which is impermissible as per the ratio of
Judgment rendered by this court in the case reported in 2009(9)ADJ 778, Ankit Versus State of U.P. and Another. Thus, submission is that the summoning order may be set aside.
Learned counsel for the State could not refute the aforesaid facts. Considering the ratio of Judgment in the case of Ankit(Supra) and looking into the order of cognizance and summoning passed on Versus Counsel for Applicant(s) : Manmohan Singh, Ashrut Singh, Sunil Kumar Misra Counsel for Opposite Party(s) : G.A. Phool Chand And 3 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Lko. And Another .....Opposite Party(s)
proforma, this court finds merit in this application and thus, the application is allowed and the summoning order dated 08-03-2024, impugned herein, is set aside. The matter is remitted back to the trial court concerned to pass a fresh order within a period of 45 days from the date of this order. September 16, 2025 AKS A482 No. 7396 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench