Neutral Citation No. - 2025:AHC:73007 Court No. - 74 Case :- APPLICATION U/S 482 No. - 19170 of 2024 Applicant :- Faisal Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Muqeem Ansari,Mohd. Mobin Ansari 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 cognizance order dated 17.05.2022 passed by learned Special Chief Judicial Magistrate, Varanasi as well as charge sheet no. A91 dated 06.11.2020 arising out of (F.I.R. no. 0119 of 2020) under Section 9B Explosive Substance Act, PS- Chowk, District Varanasi. Further prayer has been made to stay the proceedings in Criminal Case no. 53999 of 2022 (State vs. Faisal Khan) arising out of FIR no. 0119 of 2020 pending in the court of learned Special Chief Judicial Magistrate, Varanasi. 3. It is submitted by learned counsel for applicant that impugned cognizance order dated 17.05.2022 is on printed proforma without disclosing the sections in which cognizance of offence has been taken up nor disclosing the name of the accused and only next date has been mentioned. The second argument raised by learned counsel for the applicant is that Section 9(B) of Explosive Substance Act wherein the cognizance of offence has been taken up by learned court concerned pertains to non-cognizable offence and since the maximum punishment specified under the same section is of only 2 years, as such the cognizance is barred by Section 2(d) of Cr.P.C. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that impugned cognizance order dated 17.05.2022 has been passed by learned Chief Judicial Magistrate, Varanasi on purely printed proforma without disclosing the sections in pursuance to which cognizance has been taken up, which is not sustainable in the eye of law, moreover as argued by learned counsel for applicant, the same is barred by Section 2(d) of Cr.P.C. 6. In view of aforementioned facts and circumstances, arguments raised by learned counsel for the applicant seems to be forceful and as such impugned cognizance order dated 17.05.2022 is hereby set aside. Matter is remitted back to learned court of Special Chief Judicial Magistrate, Varanasi/concerned court for taking fresh decision in the light of the observations as made above. 7. The application stands allowed accordingly. Order Date :- 6.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad