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2025 DAILYLAW 3118 (UTT)

Mahendra Thapa Alias Mangal Thapa v. STATE OF UTTARAKHAND

C482/1592/2016 · 2025-08-01

Alok Mahra

body2025

Judgment text

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2025:UHC:6806 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. 1592 of 2016 Hon’ble Alok Mahra, J. Mr. Piyush Garg, learned counsel for the applicants. 2. Mr. B. N. Molakhi, learned DAG for the State. 3. Mr. Karan Anand, learned counsel for respondent no. 2. 4. The present criminal misc. application has been filed under Section 482 of Cr.P.C. for quashing and setting aside the charge sheet No. 100 of 2015, summoning order dated 14.12.2015, as well as the entire proceedings of Criminal Case No. 4201 of 2015, State Vs. Mangal Thapa and Others, pending in the court of ACJM II, Dehradun. 5. Heard learned counsel for the parties. 6. It is argued by learned counsel for the applicants that the concerned ACJM did not apply his mind before passing the impugned order; it is a cyclostyled order. 7. From the perusal of the impugned summoning order, it is clear that it has been passed in a cursory and mechanical manner using a printed format without indicating any application of judicial mind or reference to material evidence. 8. Learned counsel for the private respondent supported the impugned order, however, he would fairly concede that the impugned summoning order suffers from non-application of judicial mind and submits that the matter may be remanded to the Trial Court for fresh consideration in accordance with law. 9. Having considered the submissions 2025:UHC:6806 of the learned counsel for the parties and upon perusal of the impugned summoning order as well as the judgments cited, it is evident that the order passed by the Trial Court is cryptic and mechanical. The Trial Court failed to exercise the jurisdiction vested in it in a lawful and judicious manner. It is a settled position of law that summoning of an accused in a criminal case is a serious matter and the order must reflect conscious application of mind to the facts and material on record. 10. The concerned Magistrate is directed to pass a fresh summoning order, as per law, within a period of four weeks from the date of production of the certified copy of this order. 11. Accordingly, the application under Section 482 Cr.P.C. is allowed. The summoning order dated 14.12.2015 passed in Criminal Case No. 4201 of 2015 qua the present applicants is hereby quashed. The matter is remanded back to the concerned Trial Court with a direction to consider the case of the applicants afresh and pass an appropriate reasoned order in accordance with law after due application of judicial mind, within a period of four weeks from the date of presentation of a certified copy of this order. (Alok Mahra, J.) 01.08.2025 Ujjwal