Court No. - 33
Case :- APPLICATION U/S 482 No. - 38276 of 2018 Applicant :- Deepak Gupta And 4 Ors Opposite Party :- State Of U.P. Andanother Counsel for Applicant :- Upendra Vikram Singh,Nawal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
The instant application has been filed by the applicants for quashing the orders dated 01.10.2018 and 21.05.2018 passed by the Additional Sessions Judge, Court No.3, Mau in Criminal Revision No.111 of 2018 and the Judicial Magistrate, Mau in Criminal Case No.2185 of 2017 respectively.
By order dated 21.05.2018, the applicants have been summoned for offences punishable under Sections 147, 323, 504, 506 IPC upon finding that the allegations made out a prima facie case to proceed against them and those allegations were supported by statement recorded under Sections 200 and 202 Cr.P.C. as also an injury report. The applicants filed a revision against the summoning order, which has been dismissed by order dated 01.10.2018.
The contention of the learned counsel for the applicant is that all the witnesses have not been examined and that the duration of injury mentioned in the injury report does not match with the date and time of the incident. It has also been stated that another incident has been reported in which the other side is accused and therefore the applicants have been falsely implicated.
It is well settled in law that correctness of the allegations are not to be tested at the stage of summoning an accused. At this stage, the court has to consider whether a prima facie case to proceed against the accused is made out or not on the basis of the allegations made in the complaint and the statement/material recorded/produced in support thereof. The correctness of the prosecution evidence/documents are to be tested during the course of trial with the aid of cross examination. It would not be appropriate for this Court to enter into the correctness of the evidence/documents, at this stage.
Accordingly, I do not find any legal error in the summoning order as well as the order passed by the revisional court. The application is dismissed.
Order Date :- 27.10.2018/AKShukla/-