Heard learned counsel for the petitioners as well as learned A.G.A. for the State and learned counsel for the opposite party no.2.
Present petition, under Section 482 of Cr.P.C., has been filed by petitioner with prayer to quash the summoning order dated 22.12.2011 passed by learned Judicial Magistrate, Gonda in Complaint Case No.402 of 2010 (Parmeshwar Prasad Pandey Vs. Shyam Lal and others), under Section 380 IPC, Police Station Mankapur, District Gonda.
Perusal of copy of complaint (Annexure-1 to this petition) shows that 24 persons have been named in complaint as accused but copy of statement of complainant recorded under Section 200, Cr.P.C. shows that complainant has not disclosed the name of any accused named in complaint. He has simply stated opposite parties surrounded his house and four accused persons caught him and others took away his gun from inside of the house. PW 1-Smt. Prema Pandey, who is the wife of complainant, in her statement recorded under Section 202, Cr.P.C. has stated that four persons caught her husband and four persons entered into her house and took away gun from her house. She has also not disclosed the name of persons who caught her husband and who entered into her house to take away gun from her house. PW-1 Smt. Prema Pandey has also stated in her statement recorded under Section 202, Cr.P.C. that after occurrence, opposite party no.2 Shiv Narayan went by motorcycle of Awadhesh Kumar with opposite party Ram Sunder. PW-2 Girja Pandey, who is the daughter of complainant, has also not disclosed the name of any accused in her statement recorded under Section 202, Cr.P.C. She stated that opposite parties were surrounding her house and out of them, four persons caught her father and rest entered into her house and took away gun of her father.
In view of the statements of complainant as well as witnesses recorded under Sections 200 and 202, Cr.P.C., there appears no sufficient ground for summoning petitioners for offence under Section 380 IPC.
Learned counsel for the opposite party no.2-complainant has referred a judgment of Hon'ble Apex Court rendered in the case of Pal @ Palla Vs. State of Uttar Pradesh reported in (2010) 3 SCC (Crl) 1228, in which, the Hon'ble Supreme Court has held that cross-cases should be proceeded simultaneously but separately.
The case law referred by learned counsel for the opposite party no.2 is not applicable on the facts of the present case, at this stage.
In view of above, I am of the view that the Magistrate has passed the impugned summoning order in complete disregard of evidence and the order passed by the Magistrate is tantamount to abuse of process of law.
In view of above, the present petition moved under Section 482, Cr.P.C. is allowed and the impugned summoning order dated 22.12.2011 passed by learned Judicial Magistrate, Gonda in Complaint Case No.402 of 2010 (Parmeshwar Prasad Pandey Vs. Shyam Lal and others), under Section 380 IPC, Police Station Mankapur, District Gonda is quashed with direction to learned Magistrate to make further inquiry under Sections 200 and 202 Cr.P.C. in accordance with law and to pass a fresh order in accordance with law.
Order Date :- 26.9.2019 Rao/-