J.C. Gupta, J. - (1.) Heard Sri R.N. Rao counsel for the applicants and learned A.G.A. for the State.
(2.) This revision is directed against the order summoning the applicants on a complaint filed by opposite party No. 2. On the basis of the statement recorded under Section 200 Cr.P.C. and inquiry made under Section 202 Cr.P.C., learned Magistrate found that there are sufficient grounds to proceed against the applicants and therefore, has issued processes against them. Learned counsel for the applicants on the basis of few documents submitted before the Court that the applicants are innocent. It is well settled that up to the stage of summoning, accused does not have any locus standi nor summoning order can be quashed on the basis of the defence plea or documents filed in support thereof. While considering the validity of the summoning order, the revisional court can look into only that material which was placed before the Magistrate during inquiry held by him under Sections 200 and 202 Cr. P.C. It is open for the applicants to pray for their discharge after putting appearance before the Magistrate concerned in pursuance of the summoning order as it is always open to the Magistrate to discharge an accused at any stage of proceedings. In the peculiar facts and circumstances of the case it is provided that the applicants may put in their appearance before the Court below through counsel in pursuance of the impugned summoning order and their personal appearance shall remain exempted till the same is found necessary by the courts below for proceeding further in the matter, if necessity so arises. With the above observations, the revision is disposed of finally. Revision disposed of.;