The Allahabad High Court set aside the order of the Judicial Magistrate of Bijnor to take cognizance of the charge sheet on the printed proforma.
A Single Bench of Justice Chandra Kumar Rai passed this order while hearing an application under section 482 filed by Khursheed Alam.
The facts of the case are that a first information report has been lodged against the applicant and others under Sections 147/ 148/ 149/ 323/324/307/427/452/504 IPC, P.S Afzalgarh, District Bijnor.
Police investigated the matter and submitted a charge sheet against the applicant and other co-accused on 4.11.2019. Anticipatory bail application filed by applicant has been allowed by the Court vide order dated 13.9.2019.
The magistrate taken cognizance vide order dated 13.1.2020 on printed proforma, hence the application for quashing the proceedings of Case No.23/2020, arising out Case under Sections 147/ 148/ 149/ 323/324/307/427/452/504 IPC, P.S Afzalgarh, District Bijnor, pending in the court of A.C.J.M, 1st, Bijnor including the order dated 13.1.2020 by which cognizance has been taken in arbitrary manner.
Counsel for the applicant submitted that apart from the merits of the case, the impugned cognizance order dated 13.1.2020 is not sustainable in the eyes of law as the same has been passed in mechanical manner, without applying the judicial mind as the same has been passed by the court concerned on a printed proforma by filling up the gaps, therefore, the same is liable to be quashed.
He further placed reliance on a decision of this Court in Pankaj Jaiswal vs State of U.P and Another in Application under section 482, decided on 9.8.2021.
AGA opposed the submission but could not dispute the ratio of law laid down by the Court in Pankaj Jaiswal (supra).
Considering the facts and circumstances of the case as well as the ratio of law laid down in Pankaj Jaiswal (supra), the Court set aside the cognizance order dated 13.1.2020 and allowed the application under Section 482 CrPC.
The Court directed to decide afresh the issue for taking cognizance and summoning the applicant and pass appropriate orders in accordance with law, keeping in view the observations made by the Court in Pankaj Jaiswal (supra).