Raghvendra Kumar, J. - (1.) Heard learned counsel for the accused-applicant and learned A. G. A. for the State of U. P.
(2.) It has been submitted by the learned counsel for the accused-applicant that applicant's wife was a Pradhan and at relevant time O. P. no.2 was interested in allotment of Gaon Sabha land in favour of some person. The wife of applicant did not extend favour and consequently, O. P. no.2 assaulted the wife of applicant on 6.4.2010 for which a case was registered and subsequently charge sheet was filed against O. P. no.2 and others. Being aggrieved by the aforesaid case, O. P. no.2 lodged a complaint case against the accused-applicant whereupon the Court took cognizance against the applicant and summoned the accused-applicant to face trial. Thereafter the applicant approached this Court and this Court vide its order dated 16.3.2011 directed the applicant to move discharge application in Complaint Case No.336 of 2010 through the counsel. The application for discharge was moved after passing of the summoning order pursuant to the order of the High Court before the trial Court, the trial Court rejected the application and order was assailed before the Revisional Court and the Revisional Court also dismissed the revision. It has been submitted that the applicant is a teacher and instant case is a counter blast. The applicant has approached this Court with a prayer to quash the order dated 19.2.2015 and 8.11.2016 passed by the Courts below and the Revisional Court u/s 245 (2) Cr. P. C. Learned counsel for the applicant has placed reliance upon the case of Inder Mohan Goswami & Another vs. State of Uttaranchal & Others, 2008 1 AllLJ 40 (SC) and Adalat Prasad vs. Rooplal Jindal & Others, 2004 AIR(SC) 4674.
(3.) Learned A. G. A. has submitted that the discharge application was moved through counsel just after taking of the cognizance on the basis of the statement of the complainant and witnesses recorded u/s 200 and 202 Cr. P. C. Hence, an observation was made by the learned trial Court that the Court cannot review its summoning order.;