RAJEEV MISRA,J. - (1.) Heard Mr. Kumar Ashutosh Srivastava, learned counsel for the applicants and the learned A.G.A. for the State.
(2.) This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 6.9.2018 passed by Chief Judicial Magistrate, Kaushambi in Complaint Case No. 5330 of 2017 (Ramesh Kumar Vs. Brijesh Pandey and Others), under sections 452 , 323 , 504 , 506 , 325 IPC, P.S. kokhraj, District Kaushambi as well as the entire proceedings of the above mentioned complaint case.
(3.) Learned counsel for the applicants invited the attention of the Court to the summoning order dated 6.9.2018. He submits that the order impugned in the present application is wholly arbitrary and therefore liable to be set aside by this Court. Elaborating his submission, learned counsel for the applicant submits that the Court below has simply recorded a conclusion that on the basis of the complaint, the statement of the complainant and his witnesses, prima facie an offence under sections 452 , 323 , 504 , 506 , 325 IPC appears to have been committed. The said conclusion recorded by the Court below is not preceded by a discussion of the allegations made in the complaint or the statement of the complainant and his witnesses as recorded under sections 200 and 202 Cr. P. C. He, therefore, submits that in absence of any finding recorded by the Court below, on the basis of the averments made in the complaint, the statement of the complainant and that of the witnesses, no prima facie satisfaction was recorded by the Court below for summoning the applicant under section 452 , 323 , 504 , 506 , 325 IPC.;