The Lucknow Bench of the Allahabad Excessive Courtroom whereas quashing the order handed by the Chief Judicial Justice of the Peace, Sitapur, noticed that using clean printed proforma for passing the judicial order and that too whereas passing the summoning order can’t be stated to replicate the appliance of judicial thoughts whereas passing summoning order.
A Single Bench of Justice Ajai Kumar Srivastava-I handed this order whereas listening to an Utility underneath part 482 filed by Virendra Kumar Bajpai.
The applying underneath Part 482 CrPC has been filed by the applicant for quashing all the proceedings of Prison Case underneath Sections 2 and three Prevention of Injury to Public Property Act, 1984, Police Station Kotwali, District Sitapur, pending within the Courtroom of the Chief Judicial Justice of the Peace, Sitapur in addition to the cost sheet dated 06.05.2017 submitted by the Investigating Officer in aforesaid case crime quantity and the summoning order dated 01.02.2019, handed by the Chief Judicial Justice of the Peace, Sitapur.
Foremost submission of the counsel for the applicant is that the Justice of the Peace didn’t apply his judicial thoughts on the time of passing the summoning order in opposition to the applicant as a result of the summoning order has been handed on a printed proforma, which isn’t permissible underneath legislation.
Counsel for the applicant additional submitted that the applicant is harmless, who has been falsely implicated within the case. In reality, he’s the proprietor of the possession of the land in query.
His subsequent submission is that the primary data report doesn’t disclose any cognizable offence in opposition to the applicant and the investigation of the matter was carried out in a routine and informal method and a cost sheet has been filed in opposition to the applicant with out gathering credible proof.
He additionally submitted that the prison continuing is nothing however malicious prosecution and an abuse of technique of the Courtroom, subsequently, the summoning order is liable to be quashed.
Per contra, AGA has opposed the aforesaid competition of the counsel for the applicant. Nevertheless, he couldn’t dispute the truth that the summoning order dated 01.02.2019 has been handed on a printed proforma, whereby the identify of accused individual and date of incident have been filed within the clean areas.
“It’s thus, abundantly clear that using clean printed proforma for passing the judicial order and that too whereas passing the summoning order can’t be stated to replicate the appliance of judicial thoughts whereas passing impugned summoning order.
In view of the aforesaid general information and circumstances of the case, the order dated 01.02.2019, can’t be legally sustained due to non-application of thoughts which has resulted in miscarriage of justice”, the Courtroom noticed.
Consequently, the Courtroom allowed the appliance underneath part 482 CrPC and quashed the summoning order dated 01.02.2019, handed by the Chief Judicial Justice of the Peace, Sitapur.
“The Justice of the Peace involved is directed to move a contemporary order on the charge-sheet in Prison Case underneath Sections 2 and three Prevention of Injury to Public Property Act, 1984, Police Station Kotwali, District Sitapur in accordance with legislation.
Additionally it is made clear that in case, the Justice of the Peace once more chooses to move order taking cognizance, the applicant shall have recourse to applicable treatment, which can be accessible to him in accordance with legislation”, the order reads.