Neutral Citation No. - 2025:AHC:138570 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7851 of 2025 Applicant :- Ravi Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Bahadur Singh,Rishabh Singh,Shashank Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shashank Singh, learned counsel for applicant and learned AGA for State. 2. Present application has been preferred with the following prayers:- "...to quash the charge sheet dated 19.06.2016 under section 147, 148, 149, 332, 336, 353, 307, 427, 452 of IPC and 7 of Criminal Law Amendment Act, 1932 and 3 Prevention of Damage to Public Property Act arising out of Case Crime no. 23/2016, under sections 147, 148, 149, 332, 336, 353, 307, 427, 452 IPC, 7 of Criminal Law Amendment Act, 1932 and 3 Prevention of Damage to Public Property Act, PS- Mahavan, District Mathura as well as cognizance order dated 26.11.2016 in case no. 3081 of 2016." 3. At the very outset, learned counsel for applicant submitted that in identical matter, co-accused Sharif Ahmad preferred Application u/s 528 BNSS no. 5257 of 2025 (Sharif Ahmad vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 22.07.2025 has been passed by this Court whereby impugned cognizance order dated 26.11.2016 has been quashed and set aside. It is submitted that instant application has been preferred at the behest of applicant who is also implicated in same Case Crime no. 23 of 2016 and the similar argument has been raised by learned counsel for applicant for challenging the said proceedings. 4. Although, learned AGA opposed the prayer sought through instant application but did not disputed the fact in respect of judgment dated 22.07.2025. 5. In view of foregoing discussion, parity of judgment and order dated 22.07.2025 is applicable in favour of applicant and as such 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. 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. Order Date :- 13.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad