DHANRAWATI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This application has been filed by the applicants to quash the chargesheet dated 29.10.2019 being criminal case No. 119 of 2019 (State of U.P. Vs. Prashant Tiwari and others) under Sections 323, 504, 506, 354, 147 I PC, PS. Sujanganj, District Jaunpur, arising out of case crime No. 115 of 2019 and also to quash the cognizance as well as summoning order dated 18.11.2019 passed by Judicial Magistrate-Ist, Jaunpur.

(2.) Heard learned counsel for the applicants, learned counsel for the informant and the learned AGA.

(3.) Learned counsel for the applicants submitted that the learned Judicial Magistrate passed the impugned cognizance as well as summoning order on 18.11.2019 without application of mind. Thus, the order dated 18.11.2019 is unreasoned, unspecific, illegal and arbitrary and, thus, not sustainable in the eye of law. Learned trial court passed the order in very mechanical manner and in a routine way without discussion of allegation contained in the FIR and statement under Section 161 Cr.P.C. of the prosecution witness. Hence, the cognizance order passed by the Magistrate is an abuse of the process of the Court so cognizance order, is likely to be quashed.