GANESH PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the applicant, learned AGA and perused the record.

(2.) Few facts necessary for the disposal of this application are, that one Smt. Sarla Devi lodged an FIR against the applicant at Police Station-Jalesar, District-Etah. The matter was investigated and after investigation, a charge-sheet under Sections 323, 353, 504 I.P.C. was filed in the Court of concerned Magistrate on 3.1.2002. The Magistrate taking cognizance on the same day i.e. 3.1.2002 itself, summoned the applicant-Ganesh Pal Singh for facing trial under Sections 323, 353 and 504 I.P.C.

(3.) The applicant challenged the summoning order in the Court of Sessions Judge, Etah on the ground that the summoning order was in the form of rubber stamp which clearly indicated that the Magistrate while summoning the applicant did not apply his mind. The order was set aside by the revisinal Court and the matter was remanded back to the Magistrate for taking decision afresh in the light of the settled principles of law.