JUDGMENT :

Yogendra Kumar Srivastava, J.

1. Heard Sri Lal Chandra Mishra, learned counsel for the applicants and Ms. Sushma Soni, learned Additional Government Advocate for the Stateopposite party no.1.

2. The present application under Section 482 Cr.P.C. has been filed seeking to quash the entire proceedings of Complaint Case No. 13 of 2019, Ramnaresh @ Naresh vs. Pinkal Singh @ Raghvendra Singh and others, under Sections 504, 506 IPC and 3(1)(Gha) SC/ST Act, P.S. Kotwali Dehat, District Mirzapur and also to quash the summoning order dated 15.02.2021 passed by the Special Judge (SC/ST Act), Mirzapur.

3. Learned counsel for the applicants has drawn attention to the complaint dated 04.07.2018 and the statements recorded under Sections 200 and 202 of the Code of Criminal Procedure, 1973[the Code] and has sought quashing of the summoning order and the entire proceedings by referring to the factual aspects of the case and the defence which is sought to be set up on behalf of the applicants.

4. Learned Additional Government Advocate submits that the contention which is sought to be raised, would require appreciation of evidence and entering into the disputed questions of fact, which would be beyond the scope and purview of powers to be exercised under Section 482 of the Code at this stage of the proceedings. It is also pointed out that the statement of the complainant under Section 200 and of the witnesses under Section 202 having supported the allegations made in the complaint, the order passed by the Magistrate directing issuance of summons, cannot be faulted with.

5. Learned counsel for the applicants has not been able to point out any inconsistency between the allegations made in the complaint and the statement of the complainant recorded under Section 200 of the Code. The statements of the witnesses recorded under Section 202 of the Code during the course of inquiry made by the Magistrate have also not been shown to be inconsistent with the allegations made in the complaint.

6. The Special Judge (SC/ST Act), Mirzapur, upon a consideration of the facts stated in the complaint and the statement of the complainant recorded under Section 200 and also the statement of the witnesses recorded during the course of inquiry under Section 202 of the Code has drawn a conclusion with regard to existence of a prima facie case for proceeding against the accused applicants and accordingly has directed issuance of summons.

7. The procedure to be followed by the Magistrate upon taking cognizance of an offence is provided under Chapter XV of the Code. The provisions contained under Sections 200, 202 and 204 would be required to be adverted to for the purpose.

8. Section 200 provides that the Magistrate taking cognizance of an offence on a complaint shall examine upon oath the complainant and the witnesses present, if any, and that the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. The object of such examination is with a view to ascertain whether there is a prima facie case against the person accused of the offence in the complaint, and to prevent the issue of process on a complaint which is either false or vexatious or intended only to such person.

9. The object of section 202 is to enable the Magistrate to form an opinion as to whether the process is to be issued or not. The purpose of the investigation to be directed under this section is to help the Magistrate in arriving at a decision as to the issuance of process. The broad based inquiry by the Magistrate, as contemplated under this section, is with a view to enable him to arrive at a decision as to whether he should dismiss the complaint or whether he should proceed to issue process upon the complaint.

10. The provisions contained under sections 200, 202 and 204 of the Code and the degree of satisfaction required to be recorded at this stage by the Magistrate was subject matter of consideration in S.W.