SAJJAN BHARTIYA Vs. STATE OF U.P
LAWS(ALL)-2022-3-1
HIGH COURT OF ALLAHABAD
Decided on March 05,2022

Sajjan Bhartiya Appellant
VERSUS
STATE OF U.P Respondents

JUDGEMENT

BRIJ RAJ SINGH,J. - (1.)Heard learned counsel for the applicants, learned A.G.A. for the State opposite party and perused the record.
(2.)The present application U/s 482 Cr.P.C. has been filed with a prayer to quash the entire proceedings of Complaint Case No. 5156 of 2018 (Manju Yadav Vs. Sajjan Bhartiya and Others), under Ss. 452, 323, 504, 427, 506 I.P.C., Police Station Sarai Inayat, District Allahabad, including summoning order dtd. 12/2/2021 passed by the Additional Chief Judicial Magistrate, Allahabad, with a further prayer to stay further proceedings of the aforesaid case.
(3.)Counsel for the applicants has challenged the order dtd. 12/2/2021 passed by the Additional Chief Judicial Magistrate, Allahabad. The counsel for the applicant has submitted that while passing the summoning order, the court below has not applied its mind and the court below has recorded only the facts stated in the complaint and observed that he has seen the statement taken under Sec. 200/202 Cr.P.C. and is satisfied to summon the accused. It is further submitted that the court below while passing the summoning order has failed not only to apply his mind but also it did not discuss the evidences, nevertheless it is satisfied. Counsel for the applicants further submits that the summoning order is cryptic and liable to be interfered with by this Court.


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