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UMESH CHANDRA SHARMA
Data Ram – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Pradeep Kumar, advocate holding brief of Sri Arvind Srivastava, learned counsel for the petitioners, learned AGA for the State and perused the record.
2. This petition under Article 227 of the Constitution has been moved to set aside the entire proceedings of Criminal Complaint Case No.138 of 2021 (Ram Sevak Vs. Data Ram and others) pending before the Additional Civil Judge (JD), Court No.5/Judicial Magistrate, Mainpuri.
3. The petitioners have taken ground that the impugned summoning order dated 05.03.2022 is non est and bad in law as the concerned court has passed the impugned order without there being any subjective satisfaction of committance of offence even without recording the prima facie case while no offence is made out against the petitioners. The court below has also overlooked that there are serious contradictions in the complaint and the statements of the witnesses. There is no medical examination and no injury was caused to the respondent no.2 resulting to as alleged incident which prima facie creates doubt the allegations made in the complaint. Respondent no.2 has filed a frivolous complaint against the petitioners to pressurise them so that they
The court emphasized the requirement of a prima facie case to summon the accused and the necessity of injury report in determining the sufficiency of grounds for summoning the accused.
The court established that the issuance of summons in criminal cases requires a thorough examination of the evidence and allegations, and that a mechanical approach by the magistrate is impermissible....
The main legal point established in the judgment is the necessity of recording reasons and application of mind by the Magistrate when passing a summoning order, especially when the Magistrate's view ....
At the stage of summoning, the Magistrate is not required to consider the defense version or evaluate the merits of the materials or evidence of the complainant.
The amendment to Section 202 of the Cr.P.C. mandates that a Magistrate must conduct an inquiry before issuing summons against an accused residing outside the jurisdiction, to prevent false complaints....
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