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2025 DAILYLAW 197956 (ALL)

BECHAN PRASAD GAUD v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/8346/2025 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8346 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant application has been filed with a prayer to quash the entire criminal proceedings arising out of impugned summoning order dated 28.11.2017 passed by Learned C.J.M. Lucknow Case No. 967 of 2017 as well as chargesheet no. 01 dated 25.08.2016 Case Crime No. 318 of 2016 u/s 504 and 506 of IPC at P.S. Gomtinagar District Lucknow. Learned counsel appearing for the applicant submits that an FIR was lodged against the applicant on 08.01.2016 under sections 506, 406 and 420 of IPC and thereafter, the summoning order was passed on printed proforma. He next added that the learned trial court ignoring the settled proposition of law has passed the order on 28.11.2017. He next added that in fact there is no application of mind by learned trial court so far as the order of cognizance and summoning order are concerned. In support of his contention, he has placed reliance on the judgment ofAnkit Vs. State of U.P. And another passed in Application U/S 482 No.19647 of 2009 decided on 15.10.2009 and submits that the case of the present applicant is squarely covered with the ratio of the judgment above-said, therefore, submission is that the order dated 28.11.2017 is liable to be set aside. Learned counsel for the State has opposed the matter on merits, but he has no objection so far as the settled proposition of law is concerned. Versus Counsel for Applicant(s) : Sandeep Kumar Pal, Desh Deepak Singh, Ram Prakash Verma Counsel for Opposite Party(s) : G.A. Bechan Prasad Gaud .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Considering the submissions of learned counsel for the applicant and law settled by the coordinate bench of this Court, the order dated 28.11.2017 is hereby set aside. Matter is remitted back to the trial court concerned to pass a fresh order within a period of sixty days, in accordance with law. The instant application is hereby allowed. October 6, 2025 Mayank A482 No. 8346 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench