SAURABH DEWANA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and AGA for the State.

(2.) By means of this application under section 482 of the Code of Criminal Procedure, (in short 'the Cr.P.C.') order dated 02.12.2009 (Annexure-5) passed by the ACJM Court No. 3 Ghaziabad in Criminal Case No. 3860 of 2009 has been sought to be quashed. By the impugned order cognizance has been taken on the charge sheet in case crime No. 1144 of 2009 of P.S. Singhani Gate, Ghaziabad.

(3.) It is submitted by learned counsel for the applicant that the learned magistrate did not apply his judicial mind at the time of taking cognizance on the charge-sheet and impugned order of taking cognizance has been passed on printed proforma, which is not permissible in law. For this submission attention of the Court has been drawn towards the case of Ankit v. State of U.P. and another, 2009 (3) U.P. Crl. Rulings 427.