HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2061 of 2021 Court No. - 29 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. The present application u/s 482 Cr.P.C. has been filed challenging the cognizance/summoning order dated 21.05.2018 passed by learned Chief Judicial Magistrate, Lucknow in Criminal Case No. 358 of 2017 (State Vs. Yogesh Malik), arising out of Case Crime No. 305 of 2016, under Sections 406, 420, 409, 467, 468, 471, 504, 506 I.P.C., Police Station Vibhutikhand, District Lucknow and also to quash the charge sheet dated 20.05.2018 submitted in the aforesaid case as well as entire criminal proceedings of of the aforesaid case pending before learned Chief Judicial Magistrate, Lucknow. 3. Today when the case was taken up, learned counsel for the applicant confines his arguments to the first part of the submission that the cognizance/ summoning order dated 21.05.2018 is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Versus Counsel for Applicant(s) : Kartikey Dubey Counsel for Opposite Party(s) : G.A. Yogesh Malik .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s) Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. 4. A perusal of the cognizance/ summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments. 5. In view of the categorical pronouncements of this Court, the impugned order dated 21.05.2018 is set aside and the matter is remanded before the concerned Magistrate for passing fresh orders of summoning and cognizance if it deems fit, within a month from the date of production of a certified copy of the order before it. 6. Consequently, the present application under Section 482 Cr.P.C. is allowed in part and the impugned order dated 21.05.2018 is set aside in terms of the order passed above. December 11, 2025 Mustaqeem A482 No. 2061 of 2021 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad, Lucknow Bench