Neutral Citation No. - 2025:AHC:109318 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20459 of 2025 Applicant :- Virendra And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mani Tripathi 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 entire proceeding of Case No. 25314 of 2022 as well as charge- sheet dated 09/10-04-2022 including the cognizance/summoning order dated 08.09.2022, arising out of Case Crime no. 634 of 2021, under Section 427 IPC & 3/4 of Prevention of Damages of Public Property Act, Police Station- Gulriha, District-Gorakhpur pending in court of Civil Judge (S.D.)/F.T.C. Court, Gorakhpur. 3. At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant, learned court concerned took cognizance and summoned the applicant vide impugned order dated 08.09.2022 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 08.09.2022, this Court finds that the impugned order dated 08.09.2022 has been passed by learned Additional Chief Judicial Magistrate, Court no. 2, Gorakhpur without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 08.09.2022 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 08.09.2022 is hereby set aside. 6. However, this order will not preclude the learned court of Additional Chief Judicial Magistrate, Court no. 2, Gorakhpur to take fresh cognizance against applicant, in pursuance to strict procedure of law. 7. The instant application stands partly allowed accordingly. Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad