THAKUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) ad Sri Veer Singh for the applicants in revision and the learned A. G. A. for the State.

(2.) This revision is directed against the order dated 12-4-2001 summoning the applicants as accused under Section 420/467/471/379, I. P. C., P. S. Kotwali City, district Bijnor. It has been prayed that the order of summoning be quashed. It is well settled that in revision order of summoning can be quashed only on limited grounds namely : (1) where the allegations made in the complaint and the evidence adduced in support thereof even if taken at their face value, do not constitute any criminal offence; (2) where the allegations made in the complaint and evidence adduced in support thereof are patently so absurd and inherently improbable that no prudent and reasonable person can ever reach a conclusion that there is sufficient ground for proceeding against the accused; (3) where the discretion exercised by the Magistrate in issuing process is capricious and arbitrary having been based either on evidence or materials which are wholly irrelevant or inadmissible; and (4) where the complaint suffers from any fundamental legal defect, such as want of sanction or absence of a complaint by a person legally competent to institute the same and the like;

(3.) The instant case is not covered by any of the above mentioned grounds nor the Court finds any other sufficient ground to make interference in the order of summoning. Learned counsel for the applicants tried to place before the Court some documents and argued on the basis thereof that as per the defence plea there has been no manipulation in the entries in revenue records. This defence plea cannot be looked into at the stage of summoning nor order issuing process can be set aside on that ground and the matter has to be left in the discretion of the appropriate forum to decide the same at appropriate stage.