JUDGMENT

Ajoy Kumar Mukherjee, J. - Present revisional application has been directed for quashing of the proceeding being Complaint case no. C 9760 of 2011 pending before the learned Magistrate, 3rd Court, Alipore, South 24-Parganas under Section 498A/323/500/34 of the Indian Penal Code. Opposite party No.1 remains unrepresented.

2. Mr. Sabir Ahmed, learned advocate for the petitioner submits that it is well-settled principle of law that summoning of the accused in a criminal case is a serious matter and the criminal law cannot be set in motion as a matter of course. Furthermore, the order of the learned Magistrate summoning the accused must reflect that he has applied his mind to the fact of the case and the law applicable thereto. He has to examine the nature of allegation made in the complaint and the evidence both oral and documentary in respect thereof before initiation of a criminal proceeding. In the present context, aforesaid complaint case no. C-9760 of 2011 was lodged by opposite party no. 2 on the basis of a complaint with a prayer to issue summon under section 500/504 Indian Penal Code on 19th September, 2011. However, it appears vide order no. 1 dated 19th September, 201