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Ankit Kumar Dubey @ Pummy Dubey v. State Of U.p. And Another

Ankit Kumar Dubey @ Pummy Dubey v. State Of U.p. And Another

(High Court Of Judicature At Allahabad)

APPLICATION U/S 482 No. - 23986 of 2021 | 10-02-2022

Gautam Chowdhary,J.

1. Heard learned counsel for the applicants and learned A.G.A. for the State.

2. This application has been filed with a prayer to to quash the entire criminal proceeding including charge sheet (State Vs Pummy Dubey & others) Arising out of case Crime NO. 137 of 2018, under sections 452, 354, 323, 504, 392, 506 IPC r/w 3(1)(Da)(Dha) SC/ST Act, p.S. Marihan, District Mirzapur and summoning order dated 17.6.2019 pending in the court of Special Judge SC/ST Act, Mirzapur.

3. Counsel for the applicants confines his arguments to the first part of the submission that the summoning order is bereft of application of mind and has been passed on the cyclostyled copy. He thus argues that the summoning order suffers from the vice of non-application of mind and therefore is liable to be set aside on that ground alone. In support of his submission, he placed reliance on the judgment of the Supreme Court in the case of Megh Nath Gupta & another Vs. State of U.P. and another, 2008 (62) ACC 826 as well as Single Judge judgment and order passed by this Court in the case of Ankit Vs. State of U.P. and another [(2009) (9) ADJ 778] on an Application No. 19647 of 2009 filed under Section 482 CrPC on 15.10.2009. He, thus, argues that the summoning order is liable to be set aside in view of the well settled law of this Court. He also placed before me several orders passed by this Court whereby similar orders have been set aside by this Court and the matters have been remanded before the Trial Court for fresh orders in accordance with law. A perusal of the summoning order impugned in the present proceedings clearly demonstrates that there was no application of mind whatsoever prior to the passing of the summoning order, which has been repelled by this Court in various judgments.

4. In view of the categorical pronouncements of this Court, the impugned order dated 17.6.2019 passed by Special Judge SC/ST Act, Mirzapur is set aside and the matter is remanded before the Special Judge SC/ST Act, Mirzapur for passing fresh orders of summoning and cognizance if it deems fit.

5. Consequently, the application is allowed in part and the order dated 17.6.2019 is set aside in terms of the order passed above.

6. Let a copy of this order be sent to the Special Judge SC/ST Act, Mirzapur for its compliance as stated above.

Advocate List
  • Ramesh Kumar Tiwari

  • G.A.

Bench
  • Hon'ble Justice Gautam Chowdhary
Eq Citations
  • LQ
  • LQ/AllHC/2022/3326
Head Note

Probate, Legacy and Succession — Limitation Act, 1963 — S. 42 and Sch. I — Saving of Ss. 40 to 42 — Applicability — Summoning order passed by Special Judge, without application of mind — Matter remanded