Neutral Citation No. - 2025:AHC:108810 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23615 of 2025 Applicant :- Pradeep And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants and learned AGA for the State. 2. The present application has been preferred for seeking quashing of chargsheet No.448 of 2024 dated 30.12.2024 along with summoning/cognizance order dated 20.03.2025 and entire proceedings of Case No.2097 of 2024 (State Vs. Pradeep and others), arising out of Case Crime No.318 of 2024, under Section 351(2) BNS and Section 67 I.T. Act, P.S. Gangoh, District Saharanpur, pending in the court of learned Additional Chief Judicial Magistrate-II, Saharanpur. 3. At the very outset, learned counsel for applicants has submitted that the summoning order dated 20.03.2025 which has been put under challenge through the instant application preferred at the behest of applicants, is purely on typed proforma, wherein certain blanks were filled up in shape of case crime number, section, date as well as name of accused and rest of the matter has already been prepared in shape of proforma and as such, the same has been passed without application of mind, therefore the same may be liable to be quashed. 4. Learned AGA vehemently opposed the prayer but did not dispute the core contention as raised by learned counsel for applicants that by way of perusal of the order dated 20.03.2025, it is crystal clear that it is the pure proforma order wherein no application of mind is applied by learned court concerned. 5. Since in the instant matter, legal question is involved and as such process of issuing notices to opposite party no.2, is hereby dispensed with. 6. In view of the contentions as raised by learned counsel for applicants as well as going through the order dated 20.03.2025, the arguments raised by learned counsel for applicants is justified and as such order dated 20.03.2025 passed by learned Additional Chief Judicial Magistrate-II, Saharanpur, is hereby set aside. Matter is remitted back to learned court of Additional Chief Judicial Magistrate-II, Saharanpur for passing fresh order of taking cognizance, if required. 7. The instant applications stands allowed in part, accordingly. Order Date :- 8.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad