Neutral Citation No. - 2025:AHC:66913 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2346 of 2025 Applicant :- Warish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Faiz 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 entire proceeding of Case no. 2017 of 2020 (State vs. Warish) arising out of Case Crime no. 0684 of 2020 under Section 3/25 Arms Act, PS- Baradari, District Bareilly, as well as charge sheet dated 02.10.2020 and cognizance/summoning order dated 21.12.2020 pending in the court of learned Additional Chief Judicial Magistrate, Ist, Bareilly. 3. At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant under Section 3/25 Arms Act, learned court concerned took cognizance and summoned the applicant vide impugned order dated 21.12.2020 but from perusal of the same order, it transpires that the concerned court took cognizance on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning order dated 21.12.2020, this Court finds that the impugned order dated 21.12.2020 has been passed by learned Additional Chief Judicial Magistrate, Ist, Bareilly without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 21.12.2020 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 21.12.2020 is hereby set aside. 6. However, this order will not preclude the learned court of Additional Chief Judicial Magistrate, Ist, Bareilly to take fresh cognizance against applicant, in pursuance to strict procedure of law. 7. The instant application stands partly allowed accordingly. Order Date :- 28.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad