VED KRISHNA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rishad Murtaza, learned counsel for the applicant as well as Sri Manoj Singh learned A.G.A. for the State and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed by the applicant with a prayer to quash the proceedings of Case No. 1004/2019 pending before the Court of Additional Chief Judicial Magistrate-I, Faizabad under Ss. 427, 188 I.P.C. relating to Crime No. 493/2018, Police Station Pura Kalandar, District Faizabad as well as summoning order dtd. 2/4/2019 passed by the Additional Chief Judicial Magistrate-I Faizabad in Case No. 1004/2019, relating to Crime No. 493/2018, under Ss. 427, 188 I.P.C., Police Station Pura Kalandar, District Faizabad.

(3.) Learned counsel for the applicants further submits that after submission of charge sheet and cognizance order on printed proforma, the applicant has been summoned mechanically by order dtd. 2/4/2019 and the court below while summoning the applicant has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the court below without dwelling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. It is further submitted that the court below has not taken into consideration the material placed before the trial court along with charge sheet and, therefore, the trial court has materially erred in summoning the applicant. The court below has summoned the applicant through a printed order, which is wholly illegal.