MOHIT SONKAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME CIVIL SECTT. LKO. AND 3 OTHERS
A482/7859/2025 · 2025-09-18
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165105 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165105 (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. - 7859 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. Since legal question is involved, issuance of notice to opposite party no. 2 is hereby dispensed with. 3. The instant application U/s 482 CrPC has been filed with the prayer to quash the charge-sheet dated 19.01.2019 under Sections 420, 467, 468, 471, 272, 273 and 34 IPC lodged at Police Station Mahanagar, District Lucknow and to quash the summoning order dated 23.01.2019 passed by the learned Special Judge (P.C.-4) Lucknow, copies of which are contained in Annexure Nos. 1 and 2 to the application. 4. It is contended by learned counsel for the applicant that the FIR is lodged against the applicant bearing FIR No.0479/2018, under Sections 420, 467, 468, 471, 472 and 34 IPC and thereafter investigation was conducted, charge-sheet was filed and after filing of the charge-sheet the Magistrate took cognizance and issued process. He argued that from perusal of the cognizance as well as summoning order dated 23.01.2019 it is apparent that the same has been passed on a proforma and in a cavalier manner, which is impermissible under the law settled in the case of Ankit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on 15.10.2009. 5. Referring the aforesaid, he submits that the case of the applicant is squarely covered with the ratio of judgment in the case of Ankit Vs. State of U.P. And another (supra) and, thus, submission is that the impugned summoning order dated 23.01.2019 may be set-aside. Versus Counsel for Applicant(s) : Atulesh Kr. Singh Counsel for Opposite Party(s) : G.A. Mohit Sonkar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s)
6. On the other hand, learned AGA for the State could not refute the contentions aforesaid. 7. Having heard learned counsel for the parties, it transpires that the order of taking cognizance and summoning the applicants has been passed on a proforma and the same is hit by the settled proposition in the Ankit Vs. State of U.P. And another (supra). 8. Consequently, the impugned summoning order dated 23.01.2019 is hereby set-aside .
The matter is remitted to the trial Court for passing a fresh order within a period of 45 days from the date of this order. 9. With the above observations/directions, the application stands disposed of. . (Shree Prakash Singh,J.) September 18, 2025 MVS/- A482 No. 7859 of 2025 2
Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench