Court No. - 13

Case :- APPLICATION U/S 482 No. - 4363 of 2023

Applicant :- Rakesh Kumar Singh

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

And Another

Counsel for Applicant :- Nagendra Singh,Kuldeep

Counsel for Opposite Party :- G.A.

Hon'ble Suresh Kumar Gupta,J.

1. Heard learned counsel for applicant, learned A.G.A. for the

State and perused the material available on record.

2. By means of this petition under Section 482 Cr.P.C. the

applicant has sought following reliefs:-

"Wherefore, it is most respectfully prayed that this Hon'ble

Court may graciously be pleased to set aside summoning order

dated 05.07.2017 passed by learned Additional Chief Judicial

Magistrate-III, Lucknow in Complaint Case No. 75 of 2015,

under Section 420, 323 and 504 IPC, Police Station

Mohanlalganj, District Lucknow and non-bailable warrant

dated 28.2.2023 passed by the aforesaid court as well as the

entire proceedings of the aforesaid case may also be quashed."

3. Learned counsel for applicant has submitted that the

applicant is innocent and has falsely been implicated in this

case. Further submission is that the just only to create pressure

upon the applicant, this false and frivolous case has been

registered. The trial court without appreciating the statements of

complainant under Section 200 Cr.P.C. and statements of the

witnesses 202 Cr.P.C., in correct perspective and without

applying its judicious mind, has wrongly summoned the

applicant. It is further submitted that no disclosed offence is

made out against the applicant.

4. It is next submitted by learned counsel for applicant that no

offence as described in the complaint or in the statement of the

complainant and witnesses recorded under Section 200 Cr.P.C.

or 202 Cr.P.C. is made out against the applicant, therefore, the

trial court has materially erred in summoning the applicant, as

such the summoning order is liable to be set aside.

5. Learned A.G.A. for the State has opposed this application

under Section 482 Cr.P.C. by submitting that on the basis of

statements of the complainant and witnesses, the applicant has

been rightly summoned.

6. Before arguing the case on merits, learned counsel for the

applicant while pressing the present application under Section

482 Cr.P.C. submits that the trial court while summoning the

applicants has materially erred and did not follow the dictum of

law as propounded by the Hon'ble Supreme Court in various

cases that summoning in criminal case is a serious matter and

the trial court without dwelling into material and visualizing the

case on the touch stone of probability should not summon

accused person to face criminal trial. It is further submitted that

the trial court has not taken into consideration the material

placed before the trial court, therefore, the trial court has

materially erred in summoning the applicant.

7. So far as quashing of entire proceedings is concerned, from

the perusal of the material on record and looking into the facts

of the case at this stage, it cannot be said that no offence is

made out against the applicant. All the submission made relates

to the disputed question of fact, which cannot be adjudicated

upon by this Court. At this stage, only prima facie case is to be

seen in the light of the law laid down by Supreme Court in

cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866,

State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State

of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly

Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq

and another (Para-10) 2005 SCC (Cr.) 283. The disputed

defence of the accused cannot be considered at this stage.

Moreover, the applicant has got a right of discharge according

to the provisions prescribed in Cr.P.C., as the case may be,

through a proper application for the said purpose and they are

free to take all the submissions in the said discharge application

before the trial cou