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VIKRAM D. CHAUHAN
Santosh Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicants and learned AGA for the State-respondent.
2. This application under Section 482 Cr.P.C. has been filed by applicant for quashing the summoning order dated 31.5.2018 passed by Additional Chief Judicial Magistrate, 1st Gorakhpur in Complaint Case No. 3915 of 2017, Jai Narayan vs. Shri Ram and Others, under Sections 323, 504, 506 I.P.C. Police Station Khorabar, District Gorakhpur along with the entire proceedings.
3. It is submitted by learned counsel for the applicants that as per the allegations in the complaint, it is alleged that the opposite party no. 2/complainant had executed a sale deed in favour of wife of applicant no. 2 for an area of 15 decimal. However, in the consolidation proceedings, the area in favour of the wife of applicant no. 2 has been recorded 21 ayer from Arazi No. 591 and from another Arazi No. 665, 37 ayer and in this respect, proceedings before the Consolidation Officer is going on. A perusal of the complaint and the statement under Section 200 Cr.P.C. of the opposite party no. 2 would demonstrate that the incident is of 12.10.2017 when both the sides were negotiating where the dispute
Specific allegations and absence of a condition precedent for summoning an accused under Section 323 I.P.C. Vagueness in allegations violates the fundamental rights of the accused under Article 21 of....
The absence of medical evidence precludes prosecution under serious charges, emphasizing the need for a Magistrate to apply legal standards before summoning an accused.
A detailed appreciation of evidence is not required at the stage of summoning of an accused person.
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 court emphasized the importance of fair disclosure and timely filing of complaints, and considered the status of civil proceedings in property disputes when deciding on the quashing of criminal p....
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 emphasized the necessity for consistent evidence in summoning orders and declared the proceedings an abuse of process due to contradictions and retaliatory motives behind the complaint.
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