- (1.) THIS writ petition has been filed by the petitioners challenging the order dated 24.7.2013 passed by the Sessions Judge, Gonda by which criminal complaint filed against the summoning order dated 29.8.2013 has been dismissed.
(2.) A perusal of record reveals that a criminal complaint was filed against the petitioners and after recording the statements under Sections 200 and 202 Cr.P.C. the Magistrate summoned the accused persons to face trial under Sections 352, 504, 506 IPC. Feeling aggrieved, criminal revision was filed, which too was dismissed vide impugned order. It was submitted by the learned counsel for the petitioners that this criminal complaint has been filed as a counter blast to their FIR lodged under Sections 352, 504, 506 IPC and Section 3 (1) (x) of the SC and ST Act and the Magistrate has not considered this aspect while passing the impugned order.
(3.) SECTION 204 of the Code of Criminal Procedure is reproduced below: - "204.- Issue of process.- (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be- (a) a summons-case, he shall issue his summons for the attendance of the accused, or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 87." ;