GOPAL SINGH Vs. DHANRAJI DEVI

JUDGEMENT

(1.) By the application under Section 482, Cr. P. C. the applicant Gopal Singh has sought quashing of the complaint in Criminal Case No. 418 of 1982 under Section 312/34, I.P.C. Police Station Chiraiya Kot, district-Azamgarh, pending in the court of Additional Judicial Magistrate, Azamgarh.

(2.) An incident took place on 21-3-1981 at about 9-9-30 P.M. in which Paramhans Singh, Surya Nath Singh and Kedar died and Devendra singh received injury . Three different First Information Reports were lodged in respect of the said incident by different person, vide Annexure- B,C and D, annexed to the affidavit filed in support of the present application.

(3.) It is alleged that the First Information Report (Annexure-C) was lodged by Smt. Dhanraji, opposite party- No. 3. who was not an eye-witness, while the remaining two First Information Reports were lodged by the eye-witnesses. Chiraiya Kot Police, after investigating the case, submitted final report in all the above Crime Nos. 93, 93A and 938 of 1981. After submission of the final report, the opposite party No. 1 Smt. Dhanraji filed a complaint on 18-6-1983, in the Court of Chief Judicial Magistrate, Azamgarh, against the present applicant along with three others under Ss. 302/34, I.PC. vide annexure-1 to the affidavit filed in support of the instant application. The Additional Judicial Magistrate, Azamgarh, has summoned, the applicant and three others under S. 302/34, IPC, vide his order dated 20-9-1982 (Annexure-E), It is contended that out of 14 witnesses mentioned in the list, only Dhanraji, Brijesh Singh, Bhagwan Singh, Harinath, Shah Singh and Dr. S.B.D. Gupta, were examined and the Additional Judicial Magistrate summoned the applicant and three others without complying with the provisions of Sectioh 202(2), Cr.P.C. The applicant has prayed for quashing of the complaint on the ground that summoning order without complying with the provisions of Section 202(2), Cr. P.C. is illegal.