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SUPREME COURT OF INDIA
Y.V. CHANDRACHUD, CJI., A.D. KOSHAL AND E.S. VENKATARAMIAH, JJ.
Khacheru Singh, Petitioner
Versus
State of U.P. and another, Respondents.
Special Leave Petn. No. 496 of 1981 (Crl.)
Decided on 23-2-1981.
Special Leave Petition – Order of issue of summons - Magistrate had done was to issue a summons to respondent No. 2-Satyavir Singh. If, eventually, learned Magistrate comes to the conclusion that no offence was made out against Satyavir Singh - Held, It is difficult to appreciate why the order issuing "summons" to accused should be quashed. We, therefore, set aside the orders passed by the Sessions Court and the High Court, restore that of learned Special Judicial Magistrate, First Class, and remit the matter to the trial Court for disposal in accordance with law - Order accordingly.
JUDGMENT:— Heard counsel. Special leave granted.
2. We do not see any justification, though we are not expressing any opinion on the merits of the case, for the order passed by the learned Additional Sessions Judge, Meerut in Criminal Revision No. 83 of 1979, which was affirmed by the High Court of Allahabad by its order dated 7-5-80. All that the learned Magistrate had done was to issue a summons to respondent No. 2-Satyavir Singh. If, eventually, the learned Magistrate comes to the conclusion that no offence was made out against Satyavir Singh, it will be open to him to discharge or acquit him, as the case may be. But it is difficult to appreciate why the order issuing "summons" to the accused should be quashed. We, therefore, set aside the orders passed by the Sessions Court and the High Court, restore that of the learned Special Judicial Magistrate, First Class, Meerut, dated February 2, 1979 and remit the matter to the trial Court for disposal in accordance with law.
3. The appeal shall stand disposed of in terms of this order.
Order accordingly.
For Citation : AIR 1982 SC 784 (2)
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