Om Prakash -VII, J. - (1.) THIS application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of the Complaint Case No. 595 of 2014 (Radhika Devi v. Vijay & others) under Sections 323, 504, 506 IPC, Police Station Meh Nagar, District - Azamgarh pending in the Court of Judicial Magistrate Court No. 29, Azamgarh as well as the operation and execution of the impugned summoning order dated 30.6.2015 passed in the said complaint case.
(2.) IT appears that the opposite party No. 2 filed a complaint on 12.3.2014 against the applicants in the court of Additional Chief Judicial Magistrate, Azamgarh which was registered as complaint case No. 266 of 2014 making averments therein about the incident, which was taken place on 4.12.2013. After registering the case, statements under Sections 200 and 202 Cr.P.C. were recorded. Thereafter, the Magistrate being satisfied with the contents of the complaint as well as statements recorded under Section 200 Cr.P.C. and 202 Cr.P.C. vide order dated 30.6.2015 summoned the applicants to face the trial. Aggrieved with the said order, the present application has been filed. Heard Shri Sita Ram Yadav, learned counsel for the applicants and the learned AGA appearing for the State and perused the entire record.
(3.) IT is submitted by the learned counsel for the applicants that the complaint was filed as a counter blast with malafide intention after one month of filing the charge -sheet in the First Information Report lodged by the applicants. Necessary ingredients to constitute the offence under Sections 323, 504 and 506 IPC were also not substantiated by the complainant in the complaint as well as under the statement under Sections 200 and 202 Cr.P.C.. The concerned Magistrate did not apply judicial mind and arbitrarily passed the impugned summoning order. In support of his submissions, learned counsel for the applicants has placed reliance on the decision of the Apex Court in State of Haryana and others v. Bhajan Lal and others, : 1992 Supp. (1) SCC 335. It is further submitted that the impugned order also suffers from illegality and infirmity.;