Neutral Citation No. - 2025:AHC:111302 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36518 of 2024 Applicant :- Sanjay Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the charge sheet dated 18.11.2015 and cognizance/summoning order dated 29.07.2016 including entire criminal proceeding of Case No. 4945 of 2016 (State vs. Sanjay Dubey and others) arising out of Case Crime no. 321 of 2015 under Sections 147, 148, 149, 307, 323, 504, 506, 342, 352 IPC and Section 7 of Criminal Law Amendment Act, PS- Gola, District Gorakhpur, pending in the Court of learned Judicial Magistrate-IInd, Gorakhpur. 3. At the very outset, learned counsel for applicants contended that in pursuance to FIR registered against the applicants under Sections 147, 148, 149, 307, 323, 504, 506, 342, 352 IPC and Section 7 of Criminal Law Amendment Act, learned court concerned took cognizance and summoned the applicants vide impugned order dated 29.07.2016 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 29.07.2016, this Court finds that the impugned order dated 29.07.2016 has been passed by learned Additional Chief Judicial Magistrate-IInd, Gorakhpur without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 29.07.2016 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 29.07.2016 is hereby set aside. 6. However, this order will not preclude the learned court concerned to take fresh cognizance of offence against applicants, in pursuance to strict procedure of law in respect of chargesheet along with supplementary charge sheet preferred after order dated 29.07.2016 7. The instant application stands partly allowed accordingly. Order Date :- 11.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad