Court No. - 17 Case :- U/S 482/378/407 No. - 4854 of 2009 Petitioner :- Vish Karan And Others Respondent :- State Of U.P. Thru. Secy. Home And Another Petitioner Counsel :- A.K. Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Ashok Srivastava,J.
A complaint was filed before the learned Judicial Magistrate, Court No. 3,
Hardoi by Opposite Party No. 2 Smt. Deshvati under the provisions of Section
200 Cr.P.C. in her complainant she has mentioned that on 18.5.2009, all the
petitioners, armed with Lathis, Dand and Tabal, entered her residential house.
They assaulted the complainant and when her husband came to her rescue, he
too was assaulted by the accused persons. On an alarm being raised, the
witnesses reached the spot and on their intervention, the accused persons
came out of the house of the complainant but immediately thereafter they
went to the nearby agricultural field of the complainant and damaged the
groundnut standing crops causing loss to the complainant. The complainant
sent a complaint to the Superintendent of Police, Hardoi but no action was
taken against the petitioners. Thereafter she filed a complaint before the
learned Magistrate as is referred to above. The learned Magistrate examined
the complainant under Section 200 Cr.P.C. and further inquired the matter
under Section 202 Cr.P.C. After hearing the complainant he was of the
opinion that there was sufficient material on record before him on the basis of
which he should proceed in the matter in accordance with law. Therefore, he
passed an order on 5.10.2009 whereby he summoned all the 5 petitioners
under Sections 452, 323, 504, 506 and 427 I.P.C. and directed the
complainant to file list of witnesses and take further steps to get the
petitioners summoned.
The present petition has been filed by the petitioners with the prayer that the
summoning order dated 5.10.2009 be quashed.
The State has opposed this petition.
I have heard learned counsel for the parties and perused the records.
From the perusal of the record, in my opinion, no case is made out on the
basis of which the order impugned should be quashed and set aside because I
do not find any illegality in the summoning order.
Therefore, the petition is dismissed having no force.
However, if the petitioners appear before the learned lower courts within a
period of three weeks from today and move for bail before the courts below in
the aforesaid case crime, the courts below are directed to dispose of their bail
application strictly in accordance with the law laid down by this Court in
Amrawati’s case.
Order Date :- 18.1.2010
S.B.