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SURESH KUMAR GUPTA
Parmeshwar – Appellant
Versus
State of U. P. , Thru. Prin. Secy. Home U. P. Lko. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicants and learned A.G.A.
2. This application under Section 482 Cr.P.C. has been filed to quash the impugned summoning order dated 28.10.2022 passed by Ms.Shikha Singh, Additional Civil Judge (J.D.) Judicial Magistrate, Court No. 4, District-Unnao by means of which the petitioners have been summoned under Section 325 I.P.C., Police Station-Kotwali, district-Unnao in complaint no. 247 of 2022, case no. 2592 of 2021 under Section 325 I.P.C., Police Station-Kotwali, district-Unnao.
3. Learned counsel for the applicant submitted that the opposite party no. 2 moved an application under Section 156 (3) Cr.P.C. against the 11 persons along with the applicants on 26.3.2021 and the same was treated as complaint case. In the complaint case, the statement of the complainant was recorded under Section 200 Cr.P.C. The statements of witness-Mahesh Kumar and Om Prakash were recorded under Section 202 Cr.P.C. on 30.6.2022 and 20.7.2022 respectively. On the basis of the statements recorded under Sections 200 and 202 Cr.P.C. Ms. Shikha Singh, Additional Civil Judge (J.D.) Judicial Magistrate, Court No. 4, District-Unnao passed the summoning order dated 28
The main legal point established is the requirement for the magistrate to apply judicial mind and consider evidence, particularly medical evidence, before passing a summoning order, and the need to a....
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 absence of medical evidence precludes prosecution under serious charges, emphasizing the need for a Magistrate to apply legal standards before summoning an accused.
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
The judgment emphasizes the importance of careful scrutiny of evidence before summoning the accused and the limitations of the court's jurisdiction under Section 482 of CrPC.
Point of law : Section 203 of the Code empowers a Magistrate to dismiss a complaint without even issuing a process. It uses the words “after considering” and “the Magistrate is of opinion that there ....
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