# Saurabh Dewana v. The State of U.P - **Citation:** (2010) 1 ILRA 267 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2010-03-17 - **Case number:** Criminal Misc. Application No. 8618 of 2010 - **Bench:** Vijay Kumar Verma - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/saurabh-dewana-v-the-state-of-u-p-41587 - **Pages:** 2 ## Text 1 All] Saurabh Dewana V. The State of U.P. 267 wage was under taken by the Board of Revenue. 13. The petitioner shall bring the aforesaid facts to the notice of the State Govt through the Secretary, Board of Revenue who shall forward his comments to the State Govt. for an appropriate decision in the matter. 14. In case the petitioner is still in service on daily wage basis and the work of the petitioner is still requires it will not be necessary for the respondents to disengage the petitioner. 15. With the aforesaid observations, the writ petition is disposed of. --------- ORIGINAL JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 17.03.2010 BEFORE THE HON'BLE VIJAY KUMAR VERMA, J. Criminal Misc. Application No. 8618 of 2010 Saurabh Dewana ...Applicant Versus The State of U.P. ...Respondent Counsel for the Applicant: Sri Tarun Kumar Malviya Counsel for the Respondent: A.G.A. Code of Criminal Procedure-Code Section 482-cognigence taken by Magistrate-in printed proforma-without application of judicial mind-held- very unfortunatejudicial order-by filling up blanks on printed proforma-not sustainable. Held: Para 4 Certified copy of the impugned order of taking cognizance is paper No. 45, which shows that the said order has been passed on the printed proforma by filing up the blanks. The blanks on the printed proforma appear to have been filled by court employee and the learned magistrate thereafter put his initial, which shows non-application of judicial mind in passing the said order. It is very unfortunate that judicial order of taking cognizance has been passed by the learned magistrate by filling up blanks on printed proforma. This type of order has been held illegal by this Court in Ankit case (supra). Hence the impugned order is liable to be quashed on this ground alone. Case law discussed: 2009 (3) U.P. Crl. Rulings 427. (Delivered by Hon'ble Vijay Kumar Verma, J.) 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 vs. State of 268 INDIAN LAW REPORTS ALLAHABAD SERIES [2010 U.P. and another, 2009 (3) U.P. Crl. Rulings 427. 4. Certified copy of the impugned order of taking cognizance is paper No. 45, which shows that the said order has been passed on the printed proforma by filing up the blanks. The blanks on the printed proforma appear to have been filled by court employee and the learned magistrate thereafter put his initial, which shows non-application of judicial mind in passing the said order. It is very unfortunate that judicial order of taking cognizance has been passed by the learned magistrate by filling up blanks on printed proforma. This type of order has been held illegal by this Court in Ankit case (supra). Hence the impugned order is liable to be quashed on this ground alone. 5. The learned AGA has submitted that in view of the law laid down in Ankit case (supra), after setting aside the impugned order, direction be issued to the magistrate concerned to pass fresh order on the charge sheet. I find force in this submission. 6. Consequently, the application under section 482 Cr.P. C. is allowed. The order dated 02.12.2009 passed by ACJM, Court No. 3, Ghaziabad, in Case No. 3860 of 2009 (State vs. Saurabh Dewana), arising out of Case Crime No. 1144 of 2009, under sections 420, 467, 468, 471 IPC, P.S. Singhani Gate, District Ghaziabad, is hereby quashed. 7. The learned magistrate is directed to pass fresh order on the charge-sheet in aforesaid case after applying its judicial mind. 8. Let a copy of this order be sent to the lower court concerned for compliance. 9. The Registrar General is directed to send a copy of this order to the District Judge Ghaziabad, who may issue administrative instruction to all the presiding officers restraining them from using printed proforma in passing judicial order. The blank printed proforma available in the offices of all courts in Ghaziabad judgeship be got destroyed by the District Judge. 10. If approved by the Hon'ble Administrative Committee, let a circular letter be issued by the Registrar General restraining the judicial officers in Uttar Pradesh from using printed/ cyclostyled proforma for passing any type of judicial order. ---------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 10.03.2010 BEFORE THE HON'BLE ARUN TANDON, J. Civil Misc. Writ Petition No. 12789 of 1992 Digvijai Singh and another ...Petitioners Versus Director of Education (Secondary), Allahabad and others ...Respondents Counsel for the Petitioners: Sri A.K. Misra Sri A.K. Srivastava Sri Tarun Verma Sri Yogendra Kumar Srivastava Counsel for the Respondents: Sri A.B. Singh Sri Swaraj Prakash S.C.