Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6808
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C482 No.1702 of 2016
Hon’ble Alok Mahra, J.
Mr. Gaurav Singh, learned counsel for the applicant.
2. Mr. V. N. Maulekhi, learned DAG for the State.
3. The criminal misc. application has been filed under Section 482 of Cr.P.C. for quashing the charge sheet dated 12.11.2015, cognizance
order dated 25.02.2015, as well as the entire proceedings of Criminal Case No.828 of 2016,’ State of Uttarakhand vs. Furkan Ali & Other’, under Sections 420, 467, 468, 471, 504, 506 & 120B of IPC, pending in the court of 2nd Addl. Chief Judicial Magistrate, District Dehradun.
4. Heard
learned counsel for the parties.
5. It is argued by learned counsel for the applicant that the concerned Judicial Magistrate did not apply his mind before passing the impugned order; it is a cyclostyled order.
6. From the perusal of the record, it is clear that an information was given by the private respondent to P.S. Patelnagar, District Dehradun on 02.01.2015 against the applicants; accordingly, an FIR No.04 of 2015 was lodged. After investigation charge-sheet was submitted, accordingly, the 2nd Addl. Chief Judicial Magistrate, District Dehradun took the cognizance on
25.02.2016.
2025:UHC:6808
7. From the perusal of the cognizance
order dated 25.02.2016, it is clear that the concerned Magistrate did not apply his mind before taking cognizance; that, it is a cyclostyled order, where date, name of the accused and sections were mentioned, which shows that the concerned Magistrate even did not peruse the evidence collected during the investigation; that, he simply mentioned the date, name of the accused and sections in the cognizance order, which is not proper.
8. Accordingly, impugned cognizance
order dated 25.02.2015 is liable to be set aside and is hereby set aside. The matter is remitted back to the Court of 2nd Addl. Chief Judicial Magistrate, District Dehradun for decision afresh.
9. Pending application, if any, stands
disposed of.
(Alok Mahra, J.)
01.08.2025 BS
BALWANT SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17 c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB5 53DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.08.04 17:36:41 +05'30'