Court No. - 20 Case :- U/S 482/378/407 No. - 316 of 2010 Petitioner :- Sabit, & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- Rakesh Kr. Tripathi,Pawan Kr. Sharma Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
material on record.
This application under Section 482 Cr. P .C. has been moved by the accused
applicants for quashing the order dated 15.06. 2009, passed by the learned
Additional Chief Judicial Magistrate, Bahraich in complaint case No.
1639/XII/2008; Smt. Lalita Devi Vs. Ghasitey whereby, learned Magistrate
has ordered to summon the accused applicants under Sections 323, 354, 504,
506, 379 I.P.C.
The contention of learned counsel for the accused applicants is that the
learned Additional Chief Judicial Magistrate by the impugned order dated
15.6.2009 has summoned the accused applicants for the offence under
Sections 323, 354, 504, 506, 379 I.P.C. Section 204 (2) Cr .P .C. provides that
no summons or warrant against the accused shall be issued by the court unless
the complainant files a list of the prosecution witnesses. In this case the
complainant has not filed a list of the prosecution witnesses even then the
learned Magistrate has summoned the accused applicants which is illegal.
From a perusal for the question and answer (Annexure No.6) filed by the
accused applicants, it appears that no list of the prosecution witnesses has
been filed by the complainant but non-filing of a list of the prosecution
witnesses will not amount to illegality rather it will be irregularity. The
accused applicants after putting their appearance before the trial court, may
request the court to direct the complainant to file a list of prosecution
witnesses.
The impugned order at this very ground does not call for interference. The
application is, therefore, rejected.
However, it is observed that the accused applicants after putting their
appearance before the trial court may request the court to direct the
complainant to file a list of prosecution witnesses.
Order Date :- 27.1.2010
Sanjay