VIJAY PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition under Article 226 of the Constitution of India, order dated 10.1.2007 passed by the Additional Sessions Judge, Court No. 3, Farrukhabad, in Criminal Revision No. 16 of 2003 has been challenged.

(2.) BY the impugned order, the court below has dismissed the revision, thereby confirming the summoning order dated 20.2.2002, passed by the Chief Judicial Magistrate, Farrukhabad, in Complaint Case No. 5036 of 2001, Smt. Rani Devi v. Vijay Prakash and others, under Sections 323, 452, 504 and 506, I.P.C.

(3.) IT was contended by the learned counsel for the accused that evidence led by the complainant in Case No. 5036 of 2001 was not sufficient to summon the accused to face the trial and hence the Chief Judicial Magistrate, Farrukhabad, committed illegality in passing the summoning order dated 20.2.2002, which has been wrongly confirmed by the learned lower revisional court vide impugned order. IT was also submitted that false complaint was filed by the complainant with a view to harass the accused persons.