KAUSHAL KUMAR GUPTA Vs. STATE OF U.P.

JUDGEMENT

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

(2.) This application under Section 482, Cr.P.C . has been filed for quashing the entire criminal proceedings of case No. 1505 of 2019 ( State vs. Kaushal Kumar Gupta and others ), arising out of case crime No. 304 of 2018, under Sections 323 , 504 , 506 , 354 , 354A , 354B IPC, Police Station- Adampur, District Varanasi, as well as charge sheet dated 02.05.2019 and cognizance order dated 07.11.2019, pending in the court of Additional Chief Judicial Magistrate, Court No. 7, District Varanasi.

(3.) The contention of the counsel for the applicants is that the applicants have been falsely implicated in this case and on the basis of false and frivolous allegation, the present FIR was lodged against the applicant. He further submitted that there is dispute between opposite party no. 2 and the applicant regarding residential house. He further submitted that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment, the Investigating officer without collecting sufficient evidence submitted charge sheet under section 354 IPC against the applicant. He further submitted that learned Magistrate has not applied his judicial mind while in passing the cognizance order as the order has been made on a printed proforma, in which the name of the accused has been filled up by hand. This Court in the case of Ankit vs. State of U.P. and another, JIC 2010 (1) 432, has held that cognizance order being on a printed proforma is clearly without application of judicial mind and henc is liable to quash on this ground alone.