2020 (7) TMI 736

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..... ther the facts of the case nor any finding or reason have been mentioned in the summoning order. The impugned order dated 27th February, 2019 is cryptic and is set aside - application allowed.
Samit Gopal, J. Counsel for Applicant :- Mahesh Chandra Tiwari,Kiran Tiwari Counsel for Opposite Party :- G.A. JUDGMENT Heard Sri Mahesh Chandra Tiwari, learned counsel for the applicant through video conferencing and Sri P.K. Srivastava, learned A.G.A. for the State. Perused the record. This application under Section 482 Cr.P.C. has been filed to quash the entire criminal proceedings of Complaint Case No. 11 of 2019 (R.O.C. vs. M/s Agrawal Khandelwal and Associates Charted Accountants), under Section 143 Companies Act 2013, P.S.-Kamla Nagar, D .....

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..... lling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. Learned counsel for the applicant has confined his argument only to the extent that the impugned summoning order is a proforma based order, which is in five lines only and the same has been passed without applying its judicial mind, therefore, is illegal and liable to be quashed. On the other hand, learned A.G.A. submits has opposed the present application prayer made by the learned counsel for the applicant but he could not dispute the submissions made by the learned counsel for the applicant. The argument advanced on behalf of applicant has substance. The use of proforma in passing the judicial order i .....

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..... of the judgments referred to above, it is explicitly clear that the impugned order dated 27th February, 2019 is cryptic and does not stand the test of the law laid down by the Apex Court. Accordingly, the impugned summoning order dated 27.02.2019 cannot be legally sustained and is hereby quashed. Learned court below is directed to pass a fresh order on the complaint after applying his judicial mind. The present application stands allowed. There shall be no order as to costs. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The computer generated copy of such order shall be self attested by the counsel of the party concerned. The concerned Court/Authority/Official .....

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