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2025 DAILYLAW 9386 (ALL)

RAMNARESH SINGH v. STATE OF U.P. AND ANR

A482/4698/2020 · 2025-02-26

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27791 Court No. - 73 Case :- APPLICATION U/S 482 No. - 4698 of 2020 Applicant :- Ramnaresh Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajendra Prasad Tiwari,Smt Alpana Tiwari,Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.,Rajendra Prasad Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State 2. This application under Section 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 06.01.2020, of Complaint Case No. 481 of 2017 (Gyadeen Pal Vs. Ramnaresh Singh), under Section 138 N.I. Act, Police Station- Chirgaon, District- Jhansi, pending before the Court of A.C.J.M.-Ist, Jhansi. 3. It has been argued by learned counsel for the applicant that the impugned complaint has been filed by opposite party no.2 making false and baseless allegations. Learned trial Court has passed the impugned summoning order dated 06.01.2020 on a printed proforma. The impugned cognizance / summoning order has been passed on a printed proforma by merely filling the name and address of accused in the proforma, which clearly shows that summoning order has been passed in a mechanical manner without application of judicial mind and thus, the impugned summoning order is not sustainable. 4. Learned counsel for the opposite party no.2 has opposed the application and submitted that there is no illegality or perversity in the impugned order. The applicant was summoned after recording statement of complainant under Section 200 Cr.P.C. However, it could not be disputed that impugned summoning order has been passed on a printed proforma by filling the name and address of accused. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that the impugned summoning order dated 06.01.2020 has been passed on a printed proforma and merely name and address of accused was filled in the said proforma. It is well settled that summoning order has to be passed after considering relevant material and 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 in proforma, 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. Summoning of a person as accused is a serious matter and thus, it must reflect the application of judicial mind. The practice of passing summoning orders on printed proforma by merely filling the details of the case must be stopped forthwith. 8. In the instant matter, perusal of record shows that on a printed proforma, the name and address of applicant was filled in and cheque number was mentioned and applicant has been summoned. There is absolutely nothing to indicate that learned trial Court has applied its judicial mind or even perused the complaint or statement of complainant under Section 200 Cr.P.C. In the said printed proforma, it was also mentioned that if payment against cheque was not made by the applicant, he shall be liable to face imprisonment of two years and with fine. It is clear that impugned summoning order is against the law and in fact it is gross abuse of process of Court and thus, the impugned order is not sustainable. 9. In view of the aforesaid, the impugned summoning order dated 06.01.2020, passed by the Presiding Officer of Additional Court, Jhansi, is hereby set aside and the matter is remitted back to the court concerned to pass the order on summoning afresh expeditiously in accordance with law. 10. The application u/s 482 Cr.P.C. is finally disposed of in above terms. Order Date :- 27.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad