Neutral Citation No. - 2025:AHC:30485 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 6964 of 2025 Applicant :- Ram Bhual Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Mehrotra,Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Anil Kumar Mehrotra and Sri Manoj Kumar, learned counsels for the applicant and Sri Arvind Kumar, learned AGA for the State and perused the record. 3. The present application under Section 528 BNSS has been filed by the applicant - Ram Bhual Nishad with the prayer to allow this application and quash the charge sheet dated 07.09.2020 and cognizance order dated 27.01.2023 as well as entire proceedings of Case No. 4108 of 2023 (State Vs. Ram Bhual Nishad and others) arising out of Case Crime No. 35 of 2020, under Sections 419, 420, 467, 468, 471 IPC, P.S. Barhalganj District Gorakhpur, pending in the court of Civil Judge (Junior Division), Fast Track Court (Cruelty Against Women), Gorakhpur and with a further prayer to stay the further proceedings of the aforesaid case, during the pendency of the present application. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the entire allegations as levelled against the applicant are false and concocted. It is submitted that the concerned trial court has passed summoning order on 27.01.2023 which is annexure 1 to the affidavit which is on a printed proforma by filling up the name of the applicant and other details with the ink which shows total non application of mind. It is submitted that no offence is made out against the applicant. 5. Per contra, learned counsel for the State opposed the prayer for quashing but could not dispute that the summoning order has been passed on a printed proforma. 6. After having heard learned counsel for the parties and perusing the records, it is evident that it has been held that order of printed proforma cannot be passed and the said system of passing such orders have been deprecated. The summoning order dated 27.01.2023 passed in the present matter is on a cyclostyled proforma in which the details have been filled with ink. 7. In the case of Amit Jani vs. State of U.P. and others: (2020) 5 ADJ 1, a Division Bench of this Court has held as follows:- "The passing of orders in printed proforma/cyclostyled formats have been deprecated by various High Courts including this court as they do not reflect application of mind. Reference is made to the following judgments:- 1. 2000 ILR (Kar) 4773, Vijaya Bank Vs. State. 2. 2010(9) ADJ 594, Abdul Rasheed Vs. State of U.P. & another. 3. 2009 (67) ACC 532, Ankit Vs. State of U.P. & another. 4. 2010 (3) ADJ 622, Saurabh Dewana Vs. State of U.P." 8. Looking to the facts and circumstances of the case and without going into the merits of the case as of now, the summoning order dated 27.01.2023 is hereby set aside. 9. The present application is allowed to this extent. 10. The matter is remanded back to the court concerned to pass fresh order in accordance with law within three weeks from today. Order Date :- 4.3.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad