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2025 DAILYLAW 68927 (ALL)

DOCTOR RAGHVENDRA PRATAP SINGH v. STATE OF U.P. AND ANOTHER

NA528/22472/2025 · 2025-07-31

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129329 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22472 of 2025 Applicant :- Doctor Raghvendra Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the entire proceedings, including charge-sheet dated 14.08.2019 as well as summoning order dated 05.12.2019, of Criminal Case No. 6905 of 2019 (State Vs. Doctor Raghvendra), arising out of Case Crime No. 176 of 2019, under Sections 354(Ka), 507 I.P.C., Police Station- Kotwali, District - Prayagraj, pending before the Court of Chief Judicial Magistrate, Prayagraj. 3. It has been argued by learned counsel for the applicant that first information report of impugned case has been lodged by making false and baseless allegations. Learned counsel has referred the contents of first information report and statements of witnesses and submitted that no prima facie case is made out against the applicant. It has further been submitted that impugned cognizance / summoning order has been passed on a printed proforma by merely filling the details of case like case number, section, crime number and police station etc. in the proforma, which clearly shows that this order has been passed in a mechanical manner without application of judicial mind and thus, the impugned cognizance/ summoning order is not sustainable. 4. Learned A.G.A. submits that a prima-facie case is made out against the applicant but it could not be disputed that impugned summoning order has been passed on a printed proforma by filling details of the case. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that the impugned cognizance / summoning order dated 05.12.2019 has been passed on a printed proforma and merely details of case like name of accused, Sections, Police Station, Crime Number and Next Date of Listing were filled in the said proforma. It is well settled that summoning order has to be passed after considering relevant material and applying judicial mind. In the instant case, it is apparent that the impugned order has been passed in a mechanical way without applying judicial mind. 7. It may be stated that there are hundreds of decisions of this Court to the effect that the summoning order cannot be passed on a printed proforma by merely filling in the details of the case, rather the summoning order must be passed by applying judicial mind. To mention a few cases, reference may be made to the case of Ankit Vs. State of U.P., J.I.C. 2010 (1) 432, Basasudin and others Vs. State of U.P., 2011 (1) JIC 335 All, Abdul Rashid and others Vs. State of U.P., 2010 (3) JIC 7661 All, Surender Kumar & others Vs. State of U.P., 2021 (7) ADJ 61, Virendra Kumar Bajpai Vs. State of U.P. (Application u/s 482 Cr.P.C. No.7972/2022) and Ram Kewal Vs. State of U.P., 2024:AHC-LKO:5736. 8. It is a matter of concern that despite repeated directions of this Court, summoning orders are being passed by some courts on printed proforma in flagrant violation of law. Summoning of a person as accused is a serious matter and thus, it must reflect the application of judicial mind. 9. In view of the aforesaid, the impugned summoning order dated 05.12.2019, passed by the Chief Judicial Magistrate, Prayagraj, is hereby set aside and the matter is remitted back to the court concerned to pass the order on cognizance / summoning afresh expeditiously in accordance with law. 10. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 1.8.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad