GIRISH CHANDRA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard the learned counsel for the Revisionists, learned A.G.A. and perused the impugned order.

(2.) LEARNED counsel for the revisionists has submitted that revisionists were summoned for the offence under Sections 452/323/ 504/506, Indian Penal Code on the complaint filed by Km. Kriti Agrawal, the respondent No. 2. After order summoning the accused was passed on 20.7.2002, an application was moved by accused persons for recall of the above order. The revisionist's counsel also cited some decisions before the Magistrate. However, the Magistrate relying upon Ranjeet Singh and others v. State, 2000 (1) ACR 1 (FB) : 2001 (1) JIC 399 (All) dismissed the said application.

(3.) ON a fulfilment of requirement of Section 202, Cr. P.C. the Magistrate has only two courses open to him. He can dismiss the complaint under Section 203, Cr. P.C. if no offence is made out, or summon the accused under Section 204, Cr. P.C. on the evidence on record disclosing an offence or offences against the accused.