HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 7633 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 entire proceeding of Case no. 3081/IX of 2016, arising out of Case Crime no. 23 of 2016 under Sections 147, 149, 332, 353, 336, 307, 427, 504, 506, 452 IPC & Section 7 Cr. Law Amendment Act and Section 3 Prevention of Public Damages to Public Property Act 1984, Police Station Mahawan, District Mathura, as well as charge sheet dated 19.06.2016 and cognizance order dated 26.11.2016 pending in the court of learned Judicial Magistrate, Mathura. 3. At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant under the aforesaid sections, learned court concerned took cognizance and summoned the applicant vide impugned order dated 26.11.2016 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 26.11.2016, this Court finds that the impugned order dated 26.11.2016 has been passed by learned Judicial Magistrate, Mathura without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 26.11.2016 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 26.11.2016 is hereby set aside. Versus Counsel for Applicant(s) : Punya Sheel Pandey Counsel for Opposite Party(s) : G.A. Salim And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. However, this order will not preclude the learned court of learned Judicial Magistrate, Mathura to take fresh cognizance against applicant, in pursuance to strict procedure of law. 7. The instant application stands partly allowed accordingly. September 18, 2025 Rakesh NA528 No. 7633 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad