HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7996 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. As the matter is being decided at this itself, issuance of notice to opposite party no.2 is hereby dispensed with. 3. Instant application under section 482 CrPC has been filed with the prayer to quash the entire proceedings of Sessions Trial No.828/2016 (State Vs. Ram Das Gupta), arising out of Case Crime No.1108/2010, under Sections 323, 363, 366 and 504 IPC read with Section 3(1)(x) SC/ST Act lodged at Police Station Shahabad, District Hardoi, pending in the court of learned Additional District Judge-II/Special Judge, SC/ST Act, Hardoi and to quash the summoning order dated 01.03.2012 passed by the learned Additional Chief Judicial Magistrate Vth, Hardoi. 4. It is argued by learned counsel for the applicant that an FIR was lodged bearing FIR No.1108/2010 and where-after the matter was investigated and charge-sheet was filed. He submits that the trial Court has passed the impugned summoning order on a proforma which is without application of judicial mind. He further submits that the charges have not been framed as yet and the case has been committed to the court of session. 5. In support of his contentions, he places reliance upon the ratio of judgment rendered 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 Versus Counsel for Applicant(s) : Amar Singh Counsel for Opposite Party(s) : G.A. Ram Das Gupta .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) and, thus, the prayer is that the impugned summoning order may be set- aside. 6. Counsel for the State could not refute the contentions aforesaid. 7. Having heard learned counsel for the parties and perused the record. It transpires that the summoning order has been passed on a proforma and stage of the trial is that the charges have not been framed even after passing of 13 years. The judgment rendered in the case of Ankit Vs. State of U.P. And another (supra) covers the field of the present case. 8. Consequently, the impugned summoning order dated 01.03.2012 passed by the learned Additional Chief Judicial Magistrate Vth, Hardoi is hereby set-aside. The matter is remitted to the trial Court concerned for passing a fresh order within a period of 60 days. 9. With the aforesaid observations/directions, the application stands allowed partly. (Shree Prakash Singh,J.) September 22, 2025 MVS/- A482 No. 7996 of 2025 2 Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench