- (1.) THIS is a petition under Section 482, Cr. P. C. for quashing the summoning order dated 5-6-1998 passed by learned Vlth Addl. Chief Judi cial Magistrate, Lucknow directing issue of summons against the petitioners to stand trial under Sections 323/504/506 I. P. C. on a criminal complaint filed by Dr. Madhur Ray against Ram Niwas and others, being Criminal Complaint Case No. 1664 of 1998.
(2.) I have heard the learned counsel for the parties and I have gone through the complaint filed by Dr. Madhur Ray and the statement recorded under Section 200/202, Cr. PC. by the learned Magistrate. Not a single allegation of assault has been made by the complainant against the petitioner Devendra Gupta either in the complaint or in the evidence under Section 200/202, Cr. RC. There is absolutely no act of the petitioner Devendra Gupta and no overt act has in fact been attributed to the petitioner Devendra Gupta. I do not understand the way in which learned Additional Chief Judicial Magistrate passed the order of summon ing against the petitioner and there was no evidence at all against him. ft is clear that the learned Magistrate concerned did not apply his mind himself to the facts of the case and passed the order of summoning in a arbitrary manner. As such the order passed by learned Magistrate is bad in law and the summoning order dated 5- 6-1998 passed against the petitioner is hereby quashed. Let the copy of this order be sent to the District Judge Lucknow for keeping this order on the personal record of Sri D. K. Mishra as to how he passed the order of summoning without there being any evidence on the record against the petitioner.
(3.) THE writ petition stands allowed in the light of my observation aforesaid. Petition allowed. .;