Neutral Citation No. - 2025:AHC:53823 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7558 of 2025 Applicant :- Sanjay Kushwaha and Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailendra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Shailendra Kumar Rai, learned counsel for the applicants as well as Mr. Mayank Aasthi, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C. has been filed by the applicants to quash the impugned charge sheet dated 20.11.2019 along with Cognizance/Summoning order 21.012.2019 as well as the entire proceeding of Special Session Trial No.505 of 2019 (State vs. Sanjay Kushwaha), arising out of Case Crime No.236 of 2019, under Sections 323, 504, 506, 352, 427 I.P.C., Sections 3(1)(द), 3(1)(ध) SC/ST Act and Section 7 of Criminal Law Amendment Act, Police Station- Vishunpura, District- Kushi Nagar, pending before the learned Special Judge, SC/ST Act, Kushi Nagar at Padrauna. Learned counsel for the applicants has challenged the Cognizance/Summoning order dated 21.12.2019 on two grounds. Firstly, that the same is a non-speaking order, as charge sheet has been submitted under Sections 323, 504, 506, 352, 427 I.P.C., Sections 3(1)(द), 3(1)(ध) SC/ST Act and Section 7 of Criminal Law Amendment Act, however, the applicants have been summoned in other sections excluding Section 7 of Criminal Law Amendment Act. Thus, the order has been passed in a mechanical manner on a printed proforma without application of judicial mind and the same is vague, ambiguous and nullity. The second ground as taken by the learned counsel for the applicants is that admittedly the son of applicant no.1 is a juvenile, who was student of college run the opposite party no.2 but he has also been charge sheeted and summoned by the court concerned which cannot be done. The reasons for the same have also not been disclosed in the summoning order. He further submits that it is settled law that every orders are to be judged on reasons recorded therein. He therefore, submits that cognizance order be set aside. Learned A.G.A. for the State as well as learned counsel for the opposite party no.2 do not dispute the correctness of the aforesaid submissions made by the learned counsel for the applicants. I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application. It is an admitted position that the cognizance/summoning order dated 21.12.2019 has been passed without application of mind on a printed format. Such cognizance/summoning orders passed on a printed proforma has already been set aside by this Court while passing a detail order dated 11th January, 2020 in Application U/S. 482 No. 41617 of 2019 (Vishnu Kumar Gupta & Another Vs. State of U.P. & Another). Accordingly, for the reasons recorded in the case of Vishnu Kumar Gupta (Supra), cognizance/summoning order dated 21.12.2019 is set aside. The Special Judge S.C./S.T. Act, Kushi Nagar at Padrauna, after perusing the entire records shall pass a fresh speaking and reasoned order, in accordance with law, preferably within two months from the date of production of a certified copy of this order. With the aforesaid directions/observations, this application stands allowed. Office is directed to sent a copy of this order to the Special Judge S.C./S.T. Act, Kushi Nagar at Padrauna within a week. Order Date :- 11.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad