JUDGMENT Ravindra Singh, J.
1. In this case notice has been issued to the opposite party Ram Shiromani by this Court on 21.5.1987. The report of C.J.M. Jaunpur shows that it has been served upon the opposite party on 5.9.2005, but no one has appeared on behalf of the opposite party. It is too old matter, therefore, it cannot be further prolonged.
2. Heard Sri R.B. Sahai learned Counsel for the applicant and the learned A.G.A.
3. This application is filed by the applicant Hargovind Agarwal with a prayer that the proceedings of complaint Case No. 203 of 1987 pending in the court of Additional Munsif, Jaunpur, Ram Shiromani v. Shiv Poojan Tiwari and Ors. may be quashed.
4. It is contended by the learned Counsel for the applicant that the applicant is a Consolidator and he is president of Janhit Kalyan. He has given an application against Sri Yashveer Singh Yadav A.C.O. that is why he was too annoyed with the applicant. At his instance the first informant opposite party Ram Shiromani has filed a complaint against the applicant and other persons. The statement of the complainant was recorded under Section 200 Cr.P.C. and the statement of the witnesses were recorded under Section 202 Cr.P.C. Thereafter, the learned Additional Munsif, Court No. 3, Jaunpur took the cognizance and summoned the applicant to face the trial under Sections 323, 500, 504 and 506 I.P.C. after considering the statement of the complainant and the witnesses. It is contended that the present complaint is a counter blast of the application moved by the Ram Shiromani also. In the present case nobody has received injuries. The allegation against the applicant is that he has caught hold the collar of the applicant and co-accused Shiv Poojan Tiwari and Virendra slapped on him. It is further contended that from the perusal of the complaint it appears that it is a bogus complaint. In fact such occurrence has not been occurred. The learned Magistrate has taken the cognizance without applying his judicial mind and without considering the allegations made against the applicant and other co-accused person. The impugned order dated 22.4.1987 passed by the learned Magistrate was passed in a routine manner and the satisfaction of the learned magistrate is not based on reason given in the impugned order because it is not a reasoned order.
5. It is further submitted that the allegation against the applicant is not of grave in nature and the matter is of year 1987. It will not serve any purpose by continuing the criminal proceedings pending against the applicant and the other co-accused person.
6. It is opposed by the learned A.G.A. by submitting that there is no illegality or irregularity in the impugned order because it has been passed after considering the contents of the complaint, statement of the complainant and other witnesses and on the basis of the allegations made therein a prima facie offence is made out against the applicant but it is admitted that the complaint has been filed after lodging of the report by the applicant against the opposite party.
7. After considering the facts and circumstances of the- case it appears that in the present case nobody has received any injury. The allegations are of general in nature and the present complaint has been filed as a counter blast of report lodged by the applicant against the complainant. The allegations made against applicant are not of grave in nature and it will not serve any purpose to initiate the criminal proceedings against the applicant again after 1987.
8. From the perusal of the impugned order dated 22.4.1987 It appears that it is not a well reasoned order because the learned magistrate has not discussed the allegations made against the applicant. It shows that it has been passed in a routine manner, therefore, the impugned order dated 22.4.1987 is illegal. Since the allegations are not of grave in nature Therefore, it will not serve any purpose if the case is remitted back to the learned Additional Munsif Magistrate, Jaunpur to pass a fresh order.
9. In the result, the criminal proceedings of criminal case No. 203 of 1987 Ram Shromani v. Shiv Poojan Tiwari and Ors. pending in the court of learned Additional Munsif, Jaunpur are quashed and the impugned order dated 22.4.1987 passed by the same presiding officer is set aside.
10. Accordingly this application is allowed.