HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32431 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash charge sheet dated 29.12.2020 and cognizance order dated 22.7.2021 as well as entire proceeding of Case no. 676 of 2021 (State vs. Om Prakash and others) arising out of Case Crime no. 212 of 2020 under sections 147, 148, 149, 323, 308, 504, 506 IPC, PS- Bilariyaganj, District Azamgarh. 3. At the very outset, learned counsel for applicants contended that in pursuance to FIR registered against the applicants under Section 147, 148, 149, 323, 308, 504, 506 IPC, learned court concerned took cognizance and summoned the applicants vide impugned order dated 22.7.2021 but from perusal of the same order, it transpires that the concerned court took cognizance on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning order dated 22.7.2021, this Court finds that the impugned order dated 22.7.2021 has been passed by learned Judicial Magistrate, Court no. 16, Azamgarh without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Versus Counsel for Applicant(s) : Ram Adhar Counsel for Opposite Party(s) : G.A. Om Prakash Prajapati 4 Others .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) Impugned order dated 22.7.2021 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 22.7.2021 is hereby set aside. 6. However, this order will not preclude the learned court of Judicial Magistrate, Court no. 16, Azamgarh/concerned court to take fresh cognizance against applicants, in pursuance to strict procedure of law. 7. The instant application stands partly allowed accordingly. October 10, 2025 Shaswat NA528 No. 32431 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad