Court No. - 84

Case :- APPLICATION U/S 482 No. - 43185 of 2012

Applicant :- Ramesh Chandra And Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- C.K. Parekh,Kumar Ankit Srivastava

Counsel for Opposite Party :- Govt.Advocate,Ram Surat

Saroj

Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel for applicant and learned AGA for

State.

2. This application under Section 482 Cr.P.C. has been filed for

quashing of summoning order dated 03.08.2011 as well as

Complaint Case No. 1778 of 2009 (Lalmani vs. Virendra Pratap

and others), under Sections 406, 120B, 417, 418, 419, 420, 468,

504, 506 IPC.

3. It is settled law that at the time of passing a summoning order

on the basis of criminal complaint and statements recorded

under Sections 200 and 202 Cr.P.C. the Court concerned has to

make out an opinion that there was sufficient ground for

proceeding. However, as pointed out by learned counsel for

applicants, in impugned order the complaint has been

reproduced verbatim and there is no discussion about the

statements recorded under Sections 200 and 202 Cr.P.C., except

that, "Parivad Patra Me Dhara 200 Dn.Pr.Sn. Va Dhara 202

Dn.Pr.S