Court No. - 55
Case :- APPLICATION U/S 482 No. - 42501 of 2018
Applicant :- Jashoda Nandan @ Mantu
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for quashing of the summoning order dated 16.10.2018 passed in complaint case no. 66 of 2018 (Amol Singh Vs. Jashodanandan @ Mantu and others), under sections 323, 504, 506, 427 IPC, P.S. Poonch, District Jhansi including the entire proceedings of the aforesaid complaint case.
Learned counsel appearing on behalf of the applicant submits that while passing the impugned summoning order the learned Magistrate has not taken into consideration the medical evidence. He further submitted that the incident took place with the Bolero Jeep to the Alto Car of opposite party no.2 and the opposite party no.2 has sustained some injury in that incident. The learned Magistrate has not given proper reasons for summoning the applicant as per law settled by the Apex Court in the case of Sunil Bharti Mittall V. Central Bureau of Investigation (2015) 4 SCC 609. Learned counsel for the applicant has also placed reliance upon the order of Apex Court passed in the case of Rasheed Khan Vs. The State of Uttar Pradesh [Special Leave to Appeal (Crl) No. 3159 of 2018].
Learned Additional Government Advocate appearing on behalf of the State-respondent vehemently opposed the arguments raised on behalf of the applicant and submitted that the Magistrate has to be prima-facie satisfied whether case as alleged for the offences is made out against the applicant and only on the satisfaction the Magistrate concerned has passed the order impugned summoning the applicant.
I perused the summoning order. The Magistrate concerned has considered the statements recorded under sections 200 and 202 Cr.P.C. and on perusal of evidence on record, it reflects that the order of summoning has been passed after recording prima-facie satisfaction by the Magistrate, therefore, I do not find any ground to interfere in the matter.
In view of above, this application being devoid of merit is dismissed.
Order Date :- 27.11.2018 Prajapati
[Chandra Dhari Singh, J]