SAROJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This Application under Section 482 Cr.PC. has been filed with the prayer to quash the order dated 2.3.2019 passed by the Judicial Magistrate, Sadar, Farrukhabad in complaint case no. 2210 of 2017 (Smt. Saroj Vs. Rahul Singh and others), under Section 203 Cr.P.C., Police Station Jahanganj, district Farrukhabad.

(2.) Heard Sri Vivek Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State. Despite service of notice none is present on behalf of the opposite party no. 2 to 4.

(3.) Submission of learned counsel for the applicant is that order passed under Section 203 Cr.P.C. by the concerned Magistrate on the complaint of the applicant is illegal and without applying judicial mind. Complaint case was supported by the statement of the victim, complainant and other witnesses. A prima facie case is made out. Concerned Magistrate while appreciating the facts and evidence available on record did not apply judicial mind and arbitrarily appreciated the facts and evidence at par with trial at this stage which resulted into a wrong order. Thus, referring to the observations recorded by the court below in the impugned order as well as grounds taken in the present application prayer was made to allow the application and set aside the impugned order directing the concerned Magistrate to pass fresh order summoning the respondents/opposite party no. 2 to 4 for facing trial, as prayed in the complaint.