LAWS(ALL)-2025-1-95

ANANT KUMAR YADAV Vs. STATE OF U. P.

Decided On January 16, 2025
Anant Kumar Yadav Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Dhirendra Kr. Srivastava, learned counsel for the applicant and Sri Brijesh Kr. Dwivedi, learned A.G.A. for the State.

(2.) The instant application has been filed seeking quashing of the summoning order dtd. 21/6/2024 as well as the entire proceeding of Complaint Case No. 10707 of 2024, under Sec. 23 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, P.S. Balua, District Chandauli, pending before C.J.M., Chandauli.

(3.) The sole contention of learned counsel for the applicant is that the summoning order ex facie is illegal, being passed by non-application of mind. It is further submitted that the Apex Court in the case of Lalankumar Singh and others vs. State of Maharashtra; 2022 SCC Online 1383 has clearly observed that summoning a person is a serious matter and while summoning a person, the court should record its satisfaction which should be reflected from the order itself.