Point of law : A summon is a process issued by a Court calling upon a person to appear before a Magistrate - It is used for purpose of notifying an individual of his legal obligation to appear
before Magistrate as a response to violation of law - In other words, summons will announce to person to whom it is directed that a legal proceeding has been started against that person and date and time on which person must appear in Court - A person who is summoned is legally bound to appear before Court on given date and time - Willful disobedience is liable to be punished under Section 174 IPC - It is a ground for contempt of court.

JUDGMENT :

VIKAS BUDHWAR, J.

1. Whether summons issued on cyclostyled and printed proforma, qualifies the litmus test of being the real intent of the word “cognizance” is a question which falls for determination before this Court in the present proceeding.

2. Heard Sri. Anil Kumar Bind, learned counsel for the applicants and Sri. K.K. Rajbhar, who appears for opposite party nos. 1 and 2.

3. In view of the order which is being proposed to be passed today, there is no need to issue notice to the opposite party no. 2 as the learned counsel for the applicants as well as the learned A.G.A. have consented for disposal of the present application at the admission stage, particularly in view of the peculiar facts of the case, wherein only the order summoning applicants dated 06.11.2020 is subject matter of scrutiny on a technical issue as demonstrated in the latter part of the judgment.

4. This application u/s 482 Cr.P.C. has been filed for quashing of the charge-sheet no. 03/2019 dated 05.01.2019 and cognizance order dated 06.11.2020 as well as entire criminal proceeding of Case No. 3649 of 2020 (State vs. Nanne and Others) pending before Additional Civil Judge (Senior Division) Shahjahanpur arising out of Case Crime No. 247 of 2018, u/s. 325, 120-B IPC, P.S. Allahganj, District Shahjahanpur.

5. Factual matrix of the case as worded in the present application are that a FIR was lodged by the opposite party no. 2 against one Laxman S/o Shankar, Prithiviraj S/o Lalla Singh and Kallu S/o Chakrapal before P.S. Allahganj, District Shahjahanpur on 27.06.2018, u/s 307, 504, 506 IPC with an allegation that the opposite party no. 2 as aged about 50 years, belonging to Kushwaha community R/o Village Chauki, Azampur P.S. Allahganj, Shahjahanpur and a litigation was going on between the opposite party no. 2 and Laxman S/o Shankar and later on having been lost the said litigation, Laxman came to the house of opposite party no. 2 on 26.06.2018 at about 11 p.m. armed with a pistol 312 bore along with Prithiviraj S/o Lalla Singh and Kallu S/o Chakrapal and at that point of time the brother of the opposite party no. 2 being Gangaram was sleeping on the cot out side the house and the aforesaid accused pounced upon him and hurled abuses and threatening them to withdraw the case and when the brother of opposite party no. 2 started shouting seeking help then the villagers who were present within the close vicinity came and then the accused took out their pistol shot and also threatened the brother as well as the opposite party no. 2 and brother of the opposite party no. 2 sustained injuries. A copy of the injury report of the brother of the opposite party no. 2 on record. The statement of the brother of the opposite party no. 2 was also obtained consequently, after investigation the Investigating Officer submitted a charge-sheet on 05.01.2019 against the applicants alleging that the FIR so lodged against Laxman S/o Shankar, Prithiviraj S/o Lalla Singh and Kallu S/o Chakrapal was false and no case u/s 307, 504, 506 IPC were made out against them and on the contrary cases u/s325 and 120-B IPC are made against the applicants.

6. Accordingly on the 06.11.2020 the court of Additional Civil Judge (Senior Division) Shahjahanpur in the proceedings in Case No. 3649 of 2020 (State vs. Nanhe and Others) in case crime no. Case Crime No. 247 of 2018 have issued summons against the applicants u/s 325, 120-B IPC. Challenging the charge-sheet dated 05.01.2019 emanating from the criminal proceedings of Case Crime No. 3649 of 2020 (State vs. Nanhe and Others) in case Crime No. Case Crime No. 247 of 2018, u/s 325, 120-B IPC, P.S. Allahganj, District Shahjahanpur as well as the cognizance order dated 06.11.2020 summoning the applicants pending before the Additional Civil Judge (Senior Division) Shahjahanpur, the present application has been preferred.

7. The word “Cognizance” roots from an old French word “Conoisance” based on Latin word “Cognoscere” the word cognizance has not been