RAO AHMAD ALI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD

(2.) BY means of this petition, moved Under Section 482 of Code of Criminal Procedure. the Petitioner has sought quashing of the order dated 08.06.2005, passed by the revisional court whereby said court has dismissed the criminal revision No. 221 of 2004, and affirmed the summoning order dated 28.05.2004, passed by Chief Judicial Magistrate, Roorkee, in criminal case No. 50 of 2004, Jareena Begum v. Rao Ahmad Ali, relating to offences punishable under Section 452, 323, 504, 506 of I.P.C, Police Station, Bhagwanpur District Haridwar.

(3.) LEARNED Counsel for the Petitioner submitted that earlier same complainant (respondent No. 4), in respect of same incident filed criminal case No. 1272 of 2001, which was dismissed on 07.01.2004, in absence of the complainant. Copy of said order is Annexed as Annexure 3 to the petition. It is argued on behalf of the Petitioner that fresh criminal complaint No. 50 of 2004 was filed in which the Magistrate (respondent No. 3) summoned the accused (petitioner) without recording the statement of the complainant under Section 200 and that of witnesses under Section 202 of Code of Criminal Procedure. It is contended that the trial court has also committed error of law in summoning the accused without recording statement of the complainant and the witnesses under Section 200 and that of 202 of Code of Criminal Procedure. It is further contended that the revisional court has also committed error of law in dismissing the revision and affirming the summoning order passed by Judicial Magistrate.