LAWS(ALL)-2023-10-140

AMIT KUMAR DWIVEDI Vs. STATE OF U. P.

Decided On October 05, 2023
Amit Kumar Dwivedi Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Gajendra Pratap, learned Senior Counsel assisted by Sri Arvind Singh Patel, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.

(2.) The present application has been filed for quashing the impugned charge sheet No. 130 of 2013 dtd. 31/12/2023 and summoning order dtd. 4/8/2017 in Case No. 1203 of 2017 (State vs. Amit Kuamr Dwivedi and another), u/s 323, 504, 325 I.P.C. and entire proceeding arising out of Non Cognizable Report No. 117 of 2013, u/s 323, 504 I.P.C., P.S. Kaundhiyara, District Prayagraj, pending before A.C.J.M.-5, Allahabad.

(3.) Contention of counsel for the applicants is that the cognizance order dtd. 4/8/2023 is bad in the eyes of law as the same was passed on a printed proforma which clearly shows that there is non application of mind by the learned Magistrate.