JHANDI DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) THIS Criminal Revision under Section 397/401 Cr.P.C has been filed against the order dated 30.4.2010 passed by the Chief Judicial Magistrate, Banda, in Case No.254(XI) of 2009 (Smt.Jhandi Devi Vs. Santosh Kumar and others), whereby the application moved under Section 156(3) Cr.P.C? subsequently treated as complaint, has been rejected as against the opposite party Nos. 2, 3 and 4.

(2.) A perusal of the record shows that the revisionist in her complaint made allegations against five persons including the opposite party Nos. 2, 3 and 4.

(3.) IT further transpires from the record that the learned Magistrate after hearing the parties and perusal of the record came to the conclusion that only Santosh Kumar and Anurag committed offence and they were summoned to face trial under Sections 323, 504 IPC and Section 3(1)(X) SC/ST Act. In respect of the opposite party Nos. 2, 3 and 4, the learned Magistrate found that no prima facie case is made out against them. It has been submitted on behalf of revisionist that there were similar allegations against all the accused persons but the learned Magistrate without assigning any sufficient reason did not summon the opposite party Nos. 2, 3 and 4 merely on the ground that they were ladies, while Section 203 Cr.P.C requires that the Magistrate has to record reasons for dismissal of the complaint.