JUDGMENT :

SHAMIM AHMED, J.

1. Heard Sri Sushil Kumar Singh, learned counsel for the appellants, Sri Anil Kumar Shukla, learned counsel for the opposite party no. 2 and Sri Bhasker Mal, learned A.G.A. for the State.

2. The instant appeal has been moved by the appellants, namely, Vishwapal Singh, Adarsh Singh and Vipin Singh with a prayer to quash the impugned summoning order dated 04.03.2020 passed by the Additional Sessions Judge, Court No. 3, Sitapur, whereby the appellants have been summoned under Section 319 Cr.P.C. in Special Trial No. 181/2017 (State vs. Shivpal Singh and Others), under Sections 452, 323, 427, 504, 506 I.P.C. and Section 3(1)(Gha) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali, District Sitapur.

3. Before opening the arguments, learned counsel for the appellants informed that appellant no. 1, Vishwapal Singh died, as such, the appeal in respect of appellant no. 1 Vishwapal Singh stands abated. This Court is proceeding in respect of appellant no. 2, Adarsh Singh and appellant no. 3, Vipin Singh.

4. Learned counsel for the appellants submitted that initially an impugned F.I.R. was lodged by the opposite party no. 2, complainant on 29.02.2016 at Case Crime No. 0143 of 2016, under Sections 323, 147, 452, 504, 506, 427 I.P.C. and Section 3(1)(xi) of S.C./S.T. Act against the five persons including the present appellants. Thereafter, the matter was thoroughly investigated and nothing was found against the present appellants and they were expunged by the Investigating Officer.

5. Learned counsel for the appellants further submitted that opposite party no. 2 moved an application dated 16.09.2019 under Section 319 Cr.P.C. before the court below for summoning the appellants to face trial. He further submitted that against the application under Section 319 Cr.P.C. objection was filed by the appellants on 04.10.2019.

6. Learned counsel for the appellants further submitted that there is a civil dispute pending between the parties before the Civil Judge (Senior Division), Sitapur bearing O.A. No. 602/2015 (Shivpal Singh and Others vs. Ram Swaroop and Others), as such, the prosecution has tried to give colour of criminal nature to a civil dispute.

7. Learned counsel for the appellants further submitted that the appellants have not committed any offence as alleged by the complainant and from a bare perusal of the evidence collected by the Investigating Officer, it is crystal clear that the appellants have not participated in the alleged offence.

8. Learned counsel for the appellants further submitted that the application dated 16.09.2019 moved by the opposite party no. 2, complainant under Section 319 Cr.P.C. is not supported with any affidavit nor any cogent reason has been given as to why the appellants be summoned after a long time of lodging of the first information report, as such, it shows the mala-fide arbitrary intention of the complainant just to harass the appellants.

9. Learned counsel for the appellants further submitted that the impugned order dated 04.03.2020 passed by the learned Additional Sessions Judge, Court No. 3, Sitapur, by which the appellants were summoned, is also non speaking as the Magistrate has not considered any material available before him while summoning the appellants to face the trial. As such, the impugned order dated 04.03.2020 on the face of record appears to be unjustified and is passed without application of judicial mind, therefore, the same is liable to be set aside by this Court and the present appeal be allowed.

10. Learned A.G.A. for the State as well as learned counsel for the opposite party no. 2 have opposed the argument raised by the learned counsel for the appellants and have jointly submitted that the impugned order dated 04.03.2020, summoning the appellants under Section 319 Cr.P.C. was rightly passed, as such, the same is not liable to be quashed and the instant appeal is liable to be rejected.

11. After hearing learn