MAHBOOB & ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri B.P. Nigam, learned counsel for the petitioners, learned AGA and perused the record.

(2.) Present petition has been filed against the impugned order dated 20.8.2010 passed by learned Additional Chief Judicial Magistrate -Vth, Hardoi in Complaint Case No.4687 of 2010, thereby the petitioners have been summoned under Sections 323, 504, 406, 506 IPC and Section 4 Dowry Prohibition Act to face the trial.

(3.) Learned counsel for the petitioners submits that an application under section 156(3) Cr.P.C. was filed by the complainant, which was treated as complaint case. Statement of complainant was recorded under section 200 Cr.P.C. and statements of witnesses were recorded under section 202 Cr.P.C.. Thereafter, learned Magistrate has passed the impugned order wherein not a single word has been mentioned about the prima facie satisfaction of the learned Magistrate for summoning the accused to face the trial.