RAJEEV MISRA,J. - (1.) Heard Mr. Gulab Chandra, learned counsel for the applicant and the learned A.G.A. for State.
(2.) This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 11.09.2019 passed by Judicial Magistrate, Court No. 1, Allahabad, in Complaint Case No. 2336 of 2018 (Buddan Vs. Mohd. Hussain Atahar Khan and others), under sections 323, 504, 506 IPC, P.S. Atarsuiya, District Allahabad, as well as entire proceedings of above mentioned complaint case.
(3.) Learned counsel for the applicant invited attention of the Court to summoning order dated 11.09.2019. He submits that order impugned in present application is wholly arbitrary and therefore liable to be set aside by this Court. Elaborating his submission, learned counsel for applicant submits that Court below has simply recorded a conclusion that on the basis of complaint, statement of complainant and his witnesses, prima facie an offence under sections 323, 504, 506 IPC appears to have been committed. The said conclusion recorded by Court below is not preceded by a discussion of the allegations made in the complaint or 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 Court below, on the basis of the averments made in the complaint, statement of complainant and that of witnesses, no prima facie satisfaction was recorded by the Court below for summoning the applicant under sections 323, 504, 506 IPC.;