Uttarakhand High Court
Hon’Ble Alok Mahra vs Furkan on 1 August, 2025
2025:UHC:6808
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C482 No.1702 of 2016
Hon'ble Alok Mahra, J.
Mr. Gaurav Singh, learned counsel
for the applicant.
2. Mr. V. N. Maulekhi, learned DAG for
the State.
3. The criminal misc. application has
been filed under Section 482 of Cr.P.C.
for quashing the charge sheet dated
12.11.2015, cognizance order dated
25.02.2015, as well as the entire
proceedings of Criminal Case No.828 of
2016,’ State of Uttarakhand vs. Furkan
Ali & Other’, under Sections 420, 467,
468, 471, 504, 506 & 120B of IPC,
pending in the court of 2nd Addl. Chief
Judicial Magistrate, District Dehradun.
4. Heard learned counsel for the
parties.
5. It is argued by learned counsel for
the applicant that the concerned Judicial
Magistrate did not apply his mind before
passing the impugned order; it is a
cyclostyled order.
6. From the perusal of the record, it is
clear that an information was given by
the private respondent to P.S.
Patelnagar, District Dehradun on
02.01.2015 against the applicants;
accordingly, an FIR No.04 of 2015 was
lodged. After investigation charge-sheet
was submitted, accordingly, the 2nd Addl.
Chief Judicial Magistrate, District
Dehradun took the cognizance on
25.02.2016.
2025:UHC:6808
7. From the perusal of the cognizance
order dated 25.02.2016, it is clear that
the concerned Magistrate did not apply
his mind before taking cognizance; that,
it is a cyclostyled order, where date,
name of the accused and sections were
mentioned, which shows that the
concerned Magistrate even did not
peruse the evidence collected during the
investigation; that, he simply mentioned
the date, name of the accused and
sections in the cognizance order, which is
not proper.
8. Accordingly, impugned cognizance
order dated 25.02.2015 is liable to be set
aside and is hereby set aside. The matter
is remitted back to the Court of 2nd Addl.
Chief Judicial Magistrate, District
Dehradun for decision afresh.
9. Pending application, if any, stands
disposed of.
(Alok Mahra, J.)
01.08.2025
BS
BALWANT
Digitally signed by BALWANT SINGH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17
c02fe2eacbf28cdf4ba7ce8640c5820,
SINGH
postalCode=263001, st=UTTARAKHAND,
serialNumber=04E141DF4614F9A4D5F48346EB5
53DE5185F418755DC00A7A13C14A680C3FA90,
cn=BALWANT SINGH
Date: 2025.08.04 17:36:41 +05’30’
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