RAM DULARE Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application has been moved by the applicants to quash the summoning order dated 01.04.2021 passed by learned Judicial Magistrate I, Balrampur in Complaint Case No. 351 of 2014 (Alakhram Vs. Ram Dulare and Ors.) as well as to stay the entire proceedings of aforesaid Complaint Case pending in the Court of Judicial Magistrate I, Balrampur.

(2.) Heard Dinesh Kumar Shukla, learned counsel for the applicants and Sri Rajesh Kumar, learned AGA for the State and perused the record.

(3.) Learned counsel for the applicants submits that the trial Court while summoning the applicants to face trial under Sections 417, 420 has not considered the averments as made in the complaint as well as the evidence of the complainant and his witnesses recorded under Section 200 and 202 Cr.P.C. It is further submitted that the law with regard to summoning in complaint case is well settled and only on the score that the complainant has testified himself as well as his two witnesses, the criminal proceedings could not be started against any person and there must be sufficient grounds for proceeding further while in this case there were no sufficient grounds on the basis of which the applicants could have been summoned and therefore, the trial Court has committed manifest illegality in summoning the applicants to face trial without any sufficient material.