SUNITA AGARWAL,J. - (1.) Heard Sri A.K. Mishra learned counsel for the applicant, Sri Baleshwar Chaturvedi learned Advocate for the Electricity Department and learned A.G.A. for the State-respondents.
(2.) The applicant herein seeks for quashing of the charge sheet dated 6.2.2019, cognizance/summoning order dated 5.9.2019 as also for quashing of the entire proceedings of the Special Session Trial (S.S.T.) No. 1940 of 2019 ( State vs. Radhey Shyam ), under Section 135 of the Electricity Act, Police Station Nagla Khangar, District Firozabad arising out of Case Crime No. 12 of 2019 pending in the Court of 1st Additional Sessions Judge, Court No. IV, District Firozabad. Only ground to challenge the summoning order as also the proceedings, cognizance of which has been taken by the competent Magistrate is that the order of the Magistrate taking cognizance under Section 190 of the Code of Criminal Procedure is a one line order and it does not disclose application of mind by the Magistrate on the allegations in the F.I.R. and the material placed before him alongwith the police report under Section 173(2) of the Code.
(3.) Reliance has been placed upon the decisions of the Apex Court in Fakhruddin Ahmad vs. State of Uttaranchal and another1 and Ankit vs. State of U.P . and another2 as also the decision of the Coordinate Bench of this Court dated 19th April, 2019 in Avdhesh vs. State of U.P . and another3 and the judgemnt and order dated 14.10.2011 in Qavi Ahmad vs. State of U.P . and another4 to vehemently contend that the order of taking cognizance cannot be passed in a prescribed proforma or in mechanical manner. One line order passed by the Magistrate for taking cognizance on the police report dated 6.2.2019 is in clear contravention of the decisions of the Apex Court. The summoning/cognizance order as also the resultant proceedings in the trial pending before the court below are liable to be quashed. Reliance has also been placed upon the decision of the Apex Court in Mehboob Ul Rehman vs. Khazir Mohd. Tunda and others5.;