Neutral Citation No. - 2025:AHC:137643 Court No. - 89 Case :- APPLICATION U/S 482 No. - 23453 of 2024 Applicant :- Jaiveer Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Mr. Awadhesh Kumar Mishra, learned counsel for the applicants, learned counsel for the opposite party no. 2, Mr. B.P. Singh, learned AGA for the State. 2. Instant application has been filed with the prayer to quash the impugned cognizance order dated 04.04.2023 passed by learned Civil Judge (Senior Division)/FTC, Gautam Budh Nagar,along with the charge sheet dated 21.09.2022 submitted by Investigating Officer in Criminal Case No. 3014 of 2023 (State Vs. Jaiveer and others) arising out of Case Crime No. 359/2022, u/s 147, 148, 323, 332, 353, 447, 504, 506, 34 IPC & u/s 7 of Criminal Law (Amendment) Act 1932, at Police Station- Phase-3, District Central (Commissionerate Gautam Budh Nagar), pending before Learned Civil Judge (Senior Division)/FTC, Gautam Budh Nagar and further prayed to stay the aforesaid proceedings. 3. It is contended by the learned counsel for the applicants that the learned Magistrate has taken cognizance of the offence under various sections of IPC on the printed proforma which practice has been deprecated by this court on so many occasions. 4. On the other hand, learned counsel for the opposite party no. 2 and learned AGA have supported the order impugned passed by the learned Magistrate. 5. On perusal of the order impugned it appears that the learned Magistrate taken cognizance of the offence under various sections of IPC on the printed proforma which practice has been deprecated by this Court on earlier occasions. Further, the Hon'ble Supreme Court in Lalankumar Singh Vs. State of Maharashtra; 2022 SCC Online SC 1383 has observed in para 38 that "the order of issuance of process is not an empty formality. The Magistrate is required to apply his mind as to whether sufficient ground for proceeding exists in the case or not. The formation of such an opinion is required to be stated in the order itself. The order is liable to be set aside if no reasons are given therein while coming to the conclusion that there is a prima facie case against the accused". 6. In view of the above, since the order impugned is on printed proforma which discloses the non application of mind, the same deserves to be set aside and the matter is remanded back to the court concerned for passing appropriate order after hearing the parties. 7. With the aforesaid direction the application is disposed of. Order Date :- 13.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad