DEVENDRA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr. P. C. for quashing the summoning order dated 5-6-1998 passed by learned Vlth Addl. Chief Judi cial Magistrate, Lucknow directing issue of summons against the petitioners to stand trial under Sections 323/504/506 I. P. C. on a criminal complaint filed by Dr. Madhur Ray against Ram Niwas and others, being Criminal Complaint Case No. 1664 of 1998.

(2.) I have heard the learned counsel for the parties and I have gone through the complaint filed by Dr. Madhur Ray and the statement recorded under Section 200/202, Cr. PC. by the learned Magistrate. Not a single allegation of assault has been made by the complainant against the petitioner Devendra Gupta either in the complaint or in the evidence under Section 200/202, Cr. RC. There is absolutely no act of the petitioner Devendra Gupta and no overt act has in fact been attributed to the petitioner Devendra Gupta.

(3.) THE writ petition stands allowed in the light of my observation aforesaid. Petition allowed. .