Neutral Citation No. - 2025:AHC:81916 Court No. - 74 Case :- APPLICATION U/S 482 No. - 20941 of 2024 Applicant :- Anurag Ojha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Ranjan,Jahar Singh (Kashyap),Stuti Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. The present application u/s 482 Cr.P.C. has been filed challenging the cognizance/summoning order dated 22.12.2023 passed by learned Chief Judicial Magistrate, District Ghaziabad in Criminal Case No. 80912 of 2023 (State Vs. Anurag Ojha and others) arising out of Case Crime No. 496 of 2023 under Section 506 I.P.C. and 67 of I.T. Act, Police Station Indrapuram, District Ghaziabad as well as to quash the charge sheet dated 28.06.2023 filed in the aforesaid case and also to quash the proceedings of the aforesaid case. 3. Learned counsel for the applicant submitted that charge sheet was submitted against the applicant under Section 67 I.T. Act but the cognizance has been taken against the applicant under Section 506 I.P.C. and Section 67 of I.T. Act, without application of judicial mind. Apart from the aforesaid submissions, learned counsel for the applicant confined his arguments to the first part of the submission that the summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. 4. A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments. 5. In view of the categorical pronouncements of this Court, the impugned order dated 22.11.2023 by Chief Judicial Magistrate, Ghaziabad is set aside and the matter is remanded before the concerned Magistrate for passing fresh orders of summoning and cognizance, if it deems fit. 6. Consequently, the application is allowed in part. 7. Let a copy of this order be sent to learned concerned court for its compliance as stated above. Order Date :- 16.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad