SUDHEER KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Arjun Singh Somvanshi, learned counsel for the petitioner, Sri P.K. Shukla, learned A.G.A. and perused the record.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioner with the prayer that the order dated 23.07.2011 passed by Additional Sessions Judge, Court No. 9, Hardoi, in Criminal Revision No. 3 of 2011 and the order dated 23.02.2010 passed by the Additional Chief Judicial Magistrate, Court No. 5, Hardoi, in Complaint Case No. 209 of 2009 as well as the proceedings of said Complaint Case No. 209 of 2009, Ram Shankar Vs. Sudheer Kumar and others, may be quashed.

(3.) Learned counsel for the petitioner has submitted that, prima facie, no case has been made out against the petitioner, but, the Learned Magistrate without applying its judicial mind, has summoned him illegally and the revision preferred against the summoning order has also been dismissed illegally, and hence, the impugned orders deserve to be quashed. He has also drawn my attention towards the proviso appended to sub-section (2) of Section 202 Cr.P.C. and has submitted that the case is triable exclusively by the court of Sessions and the complainant ought to have been directed to examine all his witnesses, but, neither such direction was issued by the Magistrate nor he examined all his witnesses and on account of it also, the impugned orders deserve to be quashed.