ABHAI KUMAR,J. - (1.) This petition has been filed by the applicant with a prayer to quash the summoning order dated 25.2.2004 as well as proceeding of Case No. 739 of 2004 (Sri Narain v. Kailashi Devi and others) pending in the court of AC.J.M. 1st Court No. 12, Gorakhpur.
(2.) The facts of the case are as follows: An application under section 156(3) Cr. P.C., 1973 was dismissed by the Magistrate vide order dated 2.11.2002. It is relevant to mention here that the application was also accompanied by the medical report. The trial court also observed that the applicant, if so wishes, can file a complaint case as per law. After that, a complaint case was instituted by applicant No. 1. During proceeding statement of applicant No. 1 was taken under section 200 Cr. P.C., 1973 whereas statement of one witness was recorded under section 202 Cr. P.C., 1973 On 30.6.2003 in absence of the applicant No. 1, the matter was dismissed in default. No further action was taken by the applicant No. 1. Now the present case was preferred before the trial court on the ground that the opposite party No. 2 is a reputed person and having reputation in village as well as in his department where he is a multipurpose employee. The applicant is said to be a Government employee.
(3.) It is further asserted that by filing the above referred complaint case, applicant No. 1 lowered his reputation in the eyes of public and thereby committed offence under section 500 I.P.C. The trial court after considering the evidence placed before it, summoned the applicants under section 500 I.P.C. for facing the trial.;