HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 30142 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed by learned counsel for the applicants, in Court today, is taken on record. 2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 3. 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 02.02.2017 as well as cognizance / summoning order dated 19.11.2018, of Case No. 4545 of 2018 (State Vs. Rahul and Others), arising out of Case Crime No. 0231 of 2017, under Sections 147, 332, 341 I.P.C., Police Station - Jahangirabad, District - Bulandshahr, pending before the court of Additional Chief Judicial Magistrate, Court No.1, Bulandshahr. 4. It is submitted by learned counsel for the applicants that the first information report of impugned case has been lodged by making false and baseless allegations. It was stated that one contract employee of Electricity Department has died due to electric current and thereafter his family members and well-wishers have merely raised the negligence of Electricity Department but the opposite party no.2 has lodged first information report against them making false and baseless allegations. Versus Counsel for Applicant(s) : Adarsh Mishra, Hemant Sharma Counsel for Opposite Party(s) : G.A. Rajendra And 44 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. It is further submitted that applicants have no knowledge about the impugned charge-sheet or summoning order as no notice or warrant was served upon them. Further, the impugned cognizance / summoning order dated 19.11.2018 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. 6. 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. 7. I have considered the rival submissions and perused the record. 8. Perusal of record shows that the impugned cognizance / summoning order dated 19.11.2018 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. 9. 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, 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 NA528 No. 30142 of 2025 2 Ram Kewal Vs. State of U.P., 2024:AHC-LKO:5736. 10. 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. 11. In view of the aforesaid, the impugned summoning order dated 19.11.2018, passed by the A.C.J.M.-First, Bulandshahr, 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. 12. The application under Section - 528 BNSS is finally disposed of in above terms. September 23, 2025 S Rawat NA528 No. 30142 of 2025 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad