AJAD SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/8119/2025 · 2025-09-24
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166174 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166174 (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. - 8119 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant application has been filed with a prayer for setting aside the impugned charge-sheet No. 01, Dated 29.3.2017 which is filed in Case Crime No. 53/2017, Under Section 4 (a)(b), 5, 10 U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station- Madhoganj, District- Hardoi and summoning order dated 11.6.2018 arising out of criminal case no. 6975/2019,(State Versus Ajad Singh) pending before the court of learned Additional Chief Judicial Magistrate, Court No.3,Hardoi.
3. It is contended by learned counsel for the applicant that summoning
order has been passed on proforma, which is apparent from the perusal of
order itself. He submitted that on 7.8.2025, non bailable warrant has been issued against him and the charges have not been framed yet. He submits that that his case is covered with the ratio of Ankit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on
15.10.2009. Thus, the submission is that the same be set aside.
4. Learned A.G.A. for the State has failed to refute the aforesaid contention
5. Considering the submission of the learned counsel for the parties, it is apparent that the summoning order has been passed on proforma and as per the contention of the learned counsel for the applicant charges have not been Versus Counsel for Applicant(s) : Raj Kumar Singh, Zahid Parvez Counsel for Opposite Party(s) : G.A. Ajad Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s)
framed yet, which discloses non application of judicial mind as is settled in the case of Ankit Vs. State of U.P. And another (Supra). Consequently, the summoning order dated 11.6.2018 is hereby set aside. The matter is remitted back to the trial court concerned to pass fresh order within a period of sixty days.
6. The present application is hereby allowed. September 24 , 2025 Anuj Singh A482 No. 8119 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench