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2023 Supreme(All) 1372

UMESH CHANDRA SHARMA
Data Ram – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Arvind Srivastava-III.
For the Respondent: G.A., Rakesh Kumar Rathore, Sanjeev Kumar.

JUDGMENT :

1. Heard Sri Pradeep Kumar, advocate holding brief of Sri Arvind Srivastava, learned counsel for the petitioners, learned AGA for the State and perused the record.

2. This petition under Article 227 of the Constitution has been moved to set aside the entire proceedings of Criminal Complaint Case No.138 of 2021 (Ram Sevak Vs. Data Ram and others) pending before the Additional Civil Judge (JD), Court No.5/Judicial Magistrate, Mainpuri.

3. The petitioners have taken ground that the impugned summoning order dated 05.03.2022 is non est and bad in law as the concerned court has passed the impugned order without there being any subjective satisfaction of committance of offence even without recording the prima facie case while no offence is made out against the petitioners. The court below has also overlooked that there are serious contradictions in the complaint and the statements of the witnesses. There is no medical examination and no injury was caused to the respondent no.2 resulting to as alleged incident which prima facie creates doubt the allegations made in the complaint. Respondent no.2 has filed a frivolous complaint against the petitioners to pressurise them so that they

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