On the last occasion, this Court passed the following orders:-
"List revised. None appears for the petitioner. Learned A.G.A. is present for the State.
List on 27.08.2019.
Learned counsel for the petitioner has to argue this petition on the next date of listing, otherwise, it shall be decided in accordance with law."
Today when the case was taken up in the revised list, none is responding on behalf of the petitioner nor on behalf of opposite party no. 3 and 4 to argue the case.
Learned A.G.A. is present for the State.
This writ petition has been instituted assailing summoning order dated 19.05.2010 passed by learned Judicial Magistrate-I, Gonda in Complaint Case No. 1615 of 2006 (firstly registered as Complaint Case No. 84 of 2001 in the court of learned Additional Chief Judicial Magistrate).
The learned Judicial Magistrate-I, Gonda has considered ex-parte evidence adduced by the complainant recorded under Section 200 Cr.P.C. and the evidence adduced by PW-1 and PW-2 under Section 202 Cr.P.C. It was found by the trial court that the complainant was legally wedded wife of the petitioner. She resided with the petitioner as wife and two sons born out of this wedlock. The complainant was turned out from her matrimonial home without taking any divorce. The petitioner solemnized his second marriage with Smt. Savitri Devi alias Santoshi Devi daughter of Ram Shankar. In these circumstances the trial court summoned the accused persons including petitioner Pawan Kumar for facing trial of offence punishable under Section 494 IPC and date 21.7.2010 was fixed.
The petitioner also preferred revision assailing summoning order in Revision No. 189 of 2010 (Pawan Kumar MishraVs. State of U.P. and others), which has been dismissed vide judgment dated 31.8.2010 passed by the court of learned Additional Sessions Judge, Fast Track Court No. 5, Gonda.
In view of the above, this petition lacks merits, liable to be dismissed.
Accordingly the writ petition dismissed.
Order Date :- 27.8.2019 Virendra