RADHEY KOL @ RADHE Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the Applicants, Radhey Kol @ Radhe, Mukesh Kol, Smt. Meena Devi and Rajkumari, against State of U.P. and Smt. Parwati Devi, with a prayer for setting aside entire proceeding, including summoning order, dated 18.5.2019, passed by the Additional Chief Judicial Magistrate, court no.1, Mirzapur, in Complaint Case No.1394 of 2018 (Parwati vs. Radhy Kol and others), under Sections 323, 504, 506 and 354 of IPC, Police Station-Padari, Distric-Mirzapur, pending in the court of Additional Chief Judicial Magistrate, court no.1, Mirzapur.

(2.) Learned counsel for applicants argued that it was a false accusation and when Restoration Application was filed for restoration of land, which was got purchased, by way of fraud, this false complaint was got filed, wherein, applicants have been summoned for such offences for which there was no evidence on record. It was improbable that in a marriage party such offences may be committed by the applicants. Hence, for avoiding misuse of process of law, this Application has been moved and for the ends of justice, those reliefs have been prayed for. Learned AGA, representing State of U.P., has vehemently opposed this Application.

(3.) Having heard learned counsel for both sides and gone through materials on record, it is apparent that a complaint was filed by Parwati Devi before the Court of Magistrate with accusation that on 21.102018, accused persons and complainant were present in a marriage party, wherein, persuasion was made for getting the land restored, which was got purchased by sister-in-law of the complainant. It was refused, then exhortation was made by Radhey Kol and other accused persons did assault and outraged modesty of the complainant for which this complaint was filed upon which Magistrate took cognizance, examined complainant, under Section 200 and her witnesses, under Section 202 of Cr.P.C. and in all those testimonies, reiteration of version of complaint was there, on the basis of which, accused persons have been summoned, accordingly, wherein, Radhey Kol and Mukesh Kol have been summoned for offences, punishable, under Sections 323, 504, 504 and 354 of IPC, whereas, Radhe Kol, Mukesh Kol, Smt. Mina Devi and Raj Kumari have been summoned, under for offences, punishable, under Sections 323, 504 and 506 of IPC. Impugned summoning order was passed on evidence on record by the Magistrate. Magistrate is not expected to make hair splitting analysis of evidence at the time of passing of summoning order, under Section 204 of Cr.P.C., rather, existence of prima facie case is to be seen by him at that juncture. This Court, in exercise of inherent jurisdiction, conferred, under Section 482 of Cr.P.C, is not expected to make meticulous analysis of evidence.