PARMESHWAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A.

(2.) This application under Sec. 482 Cr.P.C. has been filed to quash the impugned summoning order dtd. 28/10/2022 passed by Ms.Shikha Singh, Additional Civil Judge (J.D.) Judicial Magistrate, Court No. 4, District- Unnao by means of which the petitioners have been summoned under Sec. 325 I.P.C., Police Station- Kotwali, district-Unnao in complaint no. 247 of 2022, case no. 2592 of 2021 under Sec. 325 I.P.C., Police Station- Kotwali, district- Unnao.

(3.) Learned counsel for the applicant submitted that the opposite party no. 2 moved an application under Sec. 156 (3) Cr.P.C. against the 11 persons along with the applicants on 26/3/2021 and the same was treated as complaint case. In the complaint case, the statement of the complainant was recorded under Sec. 200 Cr.P.C. The statements of witness- Mahesh Kumar and Om Prakash were recorded under Sec. 202 Cr.P.C. on 30/6/2022 and 20/7/2022 respectively. On the basis of the statements recorded under Ss. 200 and 202 Cr.P.C. Ms.Shikha Singh, Additional Civil Judge (J.D.) Judicial Magistrate, Court No. 4, District- Unnao passed the summoning order dtd. 28/10/2022 without applying any judicial mind, as no medical examination report was submitted by the opposite party no. 2 in support of his submission, which is basic requirement for summoning the accused under Sec. 325 I.P.C. Learned counsel for the applicant also submitted that in this regard the applicant has filed questionnaire and even in the questionnaire, there is no medical examination on behalf of the opposite party no. 2 in support of the his submission. Thus, the no offence under Sec. 325 I.P.C. is made out against the applicant.Thus, the summoning order passed by the learned trial court is cryptic and non application of judicial mind. The summoning order, which was passed by the learned Judicial Magistrate is against the relevant Sec. of Indian Penal Code, therefore, the summoning order is liable to be quashed.