498A
Summons Quashing 09.05.2022 – Allahabad High Court – Magistrate passed order
without applying judicious mind. Summons Quashed.
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| 498A Summons Quashing 09.05.2022 |
Sanjay Jain And Another vs State Of U.P. And Another on 9.05.2022
498A Summons Quashing 09.05.2022 – In this article, the Allahabad High Court has held that the petition in hand has been filed in this case under sections 498A, 323, 354, 504 506 & 307 IPC also under sections 3 & 4 of Dowry Prohibition Act, to quash the summons issued against the petitioners as summons have been issued without the application of judicious mind of the court. Hence, the Allahabad court has allowed this petition and quashed the summons issued to the petitioners.
Case Brief – 498A Summons Quashing 09.05.2022
The present petition has been preferred to quash the impugned Chargesheet
dated 16.11.2020 filed in a Case, under Section 498A, 323, 354, 504, 506, 307
IPC and under Section 3 & 4 of the Dowry Prohibition Act. Further, it may
be pleased to quash the summoning order dated 01.12.2020 and 25.03.2021 by
means of which, bailable warrants have been issued.
This Court vides its order dated 25.04.2022 has granted a week's time to
the Magistrate to seek instructions in the matter particularly on the point as to why the impugned summoning order has been passed on a printed
proforma without application of judicious mind.
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Arguments – 498A Summons Quashing 09.05.2022
Advocate for the petitioners
has submitted that the impugned cognizance has been taken without applying its
judicious mind and a summoning order dated 01.12.2020 has been passed by the
Chief Judicial Magistrate on a printed proforma.
It is further submitted that
before taking cognizance and issuing summons, the court has to apply its
judicious mind and it cannot be passed in a mechanical and routine manner after the filing of the chargesheet, as it has been done in the present case, and hence,
the summoning order is liable to be quashed.
In support of submissions, the
advocate for the petitioner placed reliance on the judgment mentioned below.
On the other hand, the
advocate has submitted that despite the fax sent to the Senior Superintendent
of Police, Shamli on 28.04.2022, instructions have not been provided. A fax message sent to the Senior Superintendent of Police, Shamli on 28.04.2022 is
taken on record. He has further stated that since the controversy has already
been attained finality by the Hon'ble Apex Court as well as by this Court in
the below-mentioned cases.
Referred cases – 498A Summons Quashing 09.05.2022
1. Smt. Rubina Khan v. State of
Uttar Pradesh
2. Basaruddin & others v.
State of Uttar Pradesh
3. Bhushan Kumar and Anr. v.
State (NCT of Delhi)
4. Sunil Bharti Mittal v.
Central Bureau of Investigation
5. Darshan Singh Ram Kishan v.
State of Maharashtra
6. Ankit v. State of Uttar Pradesh
7. Megh Nath Guptas & Anr. v. State of Uttar Pradesh
8.Deputy Chief Controller
Import and Export v. Roshan Lal Agarwal
9. UP Pollution Control Board v. Mohan Meakins
10. Kanti Bhadra v. State of
West Bengal
11. Kavi Ahmad v. State of Uttar
Pradesh
12. Abdul Rasheed and others v.
State of Uttar Pradesh
13. Pankaj Jaiswal v.. State of
Uttar Pradesh
14. Ashu Rawat v. State of
Uttar Pradesh
15. Vishnu Kumar Gupta v. State of Uttar Pradesh
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Court
Opinion - 498A Summons Quashing
09.05.2022
In light of the discussion made hereinabove and law settled, it is clear
that the order dated 01.12.2020 passed by learned Chief Judicial Magistrate, Shamli
is without application of judicious mind on a printed proforma in a mechanical
manner and the cognizance and summoning order dated 01.12.2020 cannot be
legally sustained as the Magistrate failed to exercise the jurisdiction vested
in him.
The impugned cognizance and summoning order dated 01.12.2020 passed by
learned Chief Judicial Magistrate, Shamli in the case, under Section 498A,
323, 354, 504, 506, 307 IPC and under Section 3 & 4 of the Dowry
Prohibition Act registered at Police Station Shamli, District Shamli is hereby,
quashed.
The matter is remitted back to learned Chief Judicial Magistrate, Shamli
with a direction to decide afresh 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 referred within a period of two months
from the date of production of a certified and a computer-generated copy of
this order.
Accordingly, the petition is partly allowed.
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Conclusion - 498A
Summons Quashing 09.05.2022
In this article, the Allahabad High
Court has held that the petition in hand has been filed in this case
under Section 498A, 323, 354, 504 506 & 307 IPC also under sections 3 & 4
of Dowry Prohibition Act, to quash the summons issued against the petitioners as
summons have been issued without the application of judicious mind of the
court.
The matter was therefore remitted
back to the chief judicial magistrate with a direction to decide fresh and pass
appropriate orders keeping the law in mind.
Hence, the Allahabad High court has allowed this petition and quashed the summons issued to the petitioners.
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