Neutral Citation No. - 2025:AHC:82529 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14397 of 2025 Applicant :- Nazir Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Khanna,Ram Kripal,Sandal Khanna Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Heard Shri Raj Kumar Khanna, learned counsel for the applicant and Shri B.N. Upadhyay, learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Case No. 3234 of 2014, arising out of Case Crime No. 866 of 1997, under Sections 147, 148, 149, 307, 353, 336, 153-A, I.P.C., Police Station Kotwali, District Moradabad as well as cognizance/summoning order dated 10.12.1998, pending in the court of Additional Civil Judge (Senior Division) NC-I/Additional Chief Judicial Magistrate, Moradabad. 3. Delay in filing the present application is explained. 4. Learned counsel for the applicant submits that the impugned F.I.R. has been lodged against 8 named and 100-150 unknown persons. It is further submitted that previous sanction to prosecution for the offence punishable under Section 153-A, I.P.C. is not taken prior to cognizance. 5. While assailing the impugned order, contention of learned counsel for the applicant is that learned Magistrate has not applied judicial mind in passing the order as the order has been made on a printed proforma in cyclostyle manner. 6. Relying upon the decision of this Court in Ankit Vs. State of U.P. and another, JIC 2010 (1) 432, submission of the learned counsel for the applicant is that the order impugned being on a printed proforma is clearly without application of judicial mind and hence, is liable to be quashed on this ground alone. 2 7. Learned A.G.A. has also admitted that the order impugned has been passed on the printed proforma and therefore, keeping in view the decision in the case of Ankit (supra), the Magistrate concerned may be directed to pass a fresh order. 8. I have considered the arguments so advanced by learned counsel for the applicant and learned A.G.A. and also perused the record. 9. The certified copy of the order summoning the accused has been appended as Annexure-2 at page-56 of the paper book. From a perusal of the above order, it is evident that Chief Judicial Magistrate, Moradabad has passed the order on a printed proforma in cyclostyle manner without application of judicial mind. 10. Despite there being a series of decisions of the Apex Court and this Court disapproving such practice of passing orders on printed proforma by the judicial officers, it is very painful and unfortunate to see that applicant in the present case has been summoned by the Magistrate by an order in which blanks have been filled in on a printed proforma without applying judicial mind. This type of order has already been held unsustainable by this Court in the case of Ankit (supra) relying on in a number of decisions of the Apex Court. The relevant portion of the said decision, is extracted below: "8. … Although as held by this Court in the case of Megh Nath Guptas & Anr V State of U.P. And Anr, 2008 (62) ACC 826, in which reference has been made to the cases of Deputy Chief Controller Import and Export Vs Roshan Lal Agarwal, 2003 (4) ACC 686 (SC), UP Pollution Control Board Vs Mohan Meakins, 2000 (2) JIC 159 (SC): AIR 2000 SC 1456 and Kanti Bhadra Vs State of West Bengal, 2000 (1) JIC 751 (SC): 2000 (40) ACC 441 (SC), the Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge sheet, the Court is required to apply judicial mind and even the order of taking cognizance cannot be passed in mechanical manner. Therefore, the impugned order is liable to be quashed and the matter has to be sent back to the Court below for passing fresh order on the charge sheet after applying judicial mind." 3 11. In view of the above, the conduct of the judicial officers concerned in passing orders on printed proforma without application of judicial mind is objectionable and deserves to be deprecated. The summoning of an accused in a criminal case is a serious matter and the order must reflect that Magistrate had applied his mind to the facts as well as law applicable thereto. 12. In view of what has been stated above, the present application is allowed. The order impugned dated 10.12.1998 passed by Chief Judicial Magistrate, Moradabad is, hereby, quashed. The Magistrate is directed to pass fresh order after applying the judicial mind. Order Date :- 17.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad