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IN THE HIGH COURT OF ALLAHABAD
Raj Beer Singh, J.
Prateek Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. matrimonial dispute and allegations (Para 3 , 9 , 10) |
| 2. defense claims and opposition (Para 4 , 5) |
| 3. consideration of rival submissions (Para 6 , 7 , 8) |
| 4. lack of medical evidence (Para 11 , 13) |
| 5. order set aside and remanded (Para 12) |
JUDGMENT :
Raj Beer Singh, J.
1. Supplementary affidavit filed by learned counsel for the applicant, in Court today, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record.
3. This application u/s 482 Cr.P.C. has been preferred for quashing of entire proceedings, including the summoning order dated 16.06.2023, of Complaint Case No. 104655 of 2021 (Mahendra Pratap Singh Vs. Prateek Singh), under Section - 326, 506 I.P.C., Police Station - Kalyanpur, District - Kanpur Nagar, pending in the court of Metropolitan Magistrate, 8th, Kanpur Nagar.
4. It is submitted by learned counsel for the applicant that applicant is son-in-law of opposite party no.2 and that there was matrimonial dispute between applicant and his wife and in that regard some cases were pending. The allegation that on 14.11.2020, the applicant came at the house of complainan
The absence of medical evidence precludes prosecution under serious charges, emphasizing the need for a Magistrate to apply legal standards before summoning an accused.
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....
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....
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 inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
An enquiry or investigation is mandatory before issuing process against an accused residing beyond the territorial jurisdiction of the concerned Magistrate, as per the provisions of Section 202(1) Cr....
An order under Section 204 of the Cr.P.C. cannot be valid unless the Magistrate provides clear reasoning to establish a prima facie case, ensuring ample judicial consideration.
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