MANOJ KUMAR MISRA Vs. AMAR SINGH

JUDGEMENT

(1.) This application is filed by Manoj Kumar Misra correspondent Dainik Jagran with a prayer to quash the criminal proceedings of complain case No. 2189 of 1986- Amar Singh v. Narendra Mohan and Ors. pending in the court of learned IIIrd Additional Munsif Magistrate, Fatehpur and to quash the summoning order dated 19.1.1987 passed by the learned IIIrd Additional Munsif Magistrate, Fatehpur. In this case a notice was issued to the opposite party on 15.4.1986. According to the report of the C.J.M. Fatehpur notice was served upon the opposite party on 29.12.2004. After service of notice Amar Singh did not appear in the court nor on his behalf any counsel has filed memo of appearance. The matter is too old and service of notice has been done on 29.12.2004 therefore it is not proper to wait further for any response from the opposite party Amar Singh.

(2.) Heard the leaned Counsel for the applicant and the learned A.G.A.

(3.) In the present case a complaint dated 9.12.1986 has been filed by Amar Singh in the court of learned III Additional Munsif Magistrate, Fatehpur in criminal complaint case No. 2189 of 1986. In this case the statement of the complainant Amar singh has been recorded under Section 200 on 20.12.1986 and the statement of other witnesses namely Chhadami and Shivdas Pandey have been recorded under Section 202 Cr.P.C.. After perusing the complaint and the statement of the witnesses recorded as mentioned above, the learned III Additional Munsif Magistrate, Fatehpur took cognizance and summoned the applicant to face trial for the offence punishable under Sections 500, 501 and 502 I.P.C. on 19.1.1987.