JITENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application has been moved by the applicant to quash the summoning order dtd. 5/6/2018 passed by the Judicial Magistrate, Unnao in Complaint Case No. 9264 of 2017 (Smt. Suman Devi Vs. Jitendra Kumar and others) under Ss. 323, 452, 504, 506 of IPC, Police Station Ganga Ghat, District Unnao, whereby the applicants have been summoned to face trial in the penal Sec. mentioned above as well as to quash all proceedings of the aforesaid case.

(2.) Heard learned counsel for the applicants and learned AGA for the State and perused the record.

(3.) Learned counsel for the applicants submits that opposite party no.2 has filed the instant complaint on false and frivolous grounds and the Magistrate without appreciating the evidence/material available on record has summoned the applicants to face trial in utter disregard to well settled legal proposition that initiation of criminal proceedings against any person is a serious matter and the Magistrate while intending to summon some persons to face criminal charges should apply his/her judicial mind with regard to the facts of the case and after finding sufficient grounds he/she should proceed further. While in this case there were no sufficient grounds and the Magistrate has committed a manifest illegality and, therefore, all the proceedings pending before the trial court are nothing but abuse of process of law.