Rajesh Singh v. State Of U. P. Thru Prin Secy Deptt Home Civil Secy And Anoth
2022-01-13
SHAMIM AHMED
body2022
DigiLaw.ai
JUDGMENT : Shamim Ahmed, J. 1. The Court convened through video conferencing. 2. Heard Sri Tushar Bhushan, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed by the applicants with a prayer to quash the summoning order dated 25.03.2021 passed by the learned Judicial Magistrate Ist, Gonda, under Sections 4, 21 of Mines and Mineral (Development and Regulation) Act, 1957 and under Section 3 (2) (a) Prevention of Damage to Public Property Act, 1984 along with the cognizance order dated 25.03.2017 taken on charge sheet dated 30.12.2017, arising out of Case Crime No. 0384 of 2017 (State Vs. Meghnath and others), Police Station, Paraspur, District Gonda. 4. Learned counsel for the applicants submits that the applicants has been falsely implicated in the present case only with ulterior motives and malafide intention. He further submits that charge sheet was filed by the Investigating Officer in a mechanical manner without considering the evidence on record and thereafter, the learned Magistrate without application of mind and in a routine manner took cognizance and passed the cognizance order on printed proforma by filling the blanks of Sections of I.P.C. and Police Station etc. 5. Learned counsel for the applicants further argued that the order of cognizance dated 25.03.2017 passed by learned Magistrate is abuse of process of law and the same is liable to be quashed in view of the several orders passed by this Court and the latest order passed by this Court on 9.8.2021 in Application U/S 482 No. -11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;) and the present case may also be decided on the same terms and conditions. 6. Per contra, learned A.G.A. opposed the argument made by learned counsel for the applicants but does not dispute this fact that the present case may also be decided in terms of the order passed by this Court dated 9.8.2021 in Application U/S 482 No. -11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;). 7. In view of the submission made by learned counsel for the parties and after perusal of record, this application is being finally allowed in terms of order dated 9.8.2021 passed in Application U/S 482 No. -11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;). 8. Accordingly, present Criminal Misc.
State of U.P. & Anr.;). 7. In view of the submission made by learned counsel for the parties and after perusal of record, this application is being finally allowed in terms of order dated 9.8.2021 passed in Application U/S 482 No. -11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;). 8. Accordingly, present Criminal Misc. Application U/S 482 Cr.P.C succeeds and is allowed. 9. The impugned cognizance and summoning orders dated 25.03.2021 passed by learned Judicial Magistrate Ist, Gonda in Case Crime No. 0384 of 2017: State Vs. Meghnath and others), under Sections 4, 21 of Mines and Mineral (Development and Regulation) Act, 1957 and under Section 3 (2) (a) Prevention of Damage to Public Property Act, 1984, are hereby quashed and the matter is remitted back to learned Judicial Magistrate Ist, Gonda with a direction to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments and order referred to above within a period of two months from the date of production of a copy of this order.