Court No. - 53
Case :- APPLICATION U/S 482 No. - 6005 of 2003 Applicant :- Swagat Pachauri & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Ajay Bhanot,Sanjeev Kumar Pandey Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
List revised.
None appears on behalf of the applicants to press this application.
This application is directed against the summoning order dated 15.2.2003 passed by the Special Judge (D.A.A.), Etah in Special Sessions Trial No.10 of 2003, under Section 392, IPC.
A perusal of the summoning order shows that it has been passed without application of mind. No finding has been recorded as to how prima facie offence is made out from the statement of the complainant under Section 200, Cr.P.C. and the statement of the witnesses under Section 202, Cr.P.C. The order is a non speaking order and cannot be allowed to stand. The summoning order dated 15.2.2003 passed by the court aforesaid is, hereby, quashed.
This application is allowed.
It is open for the court below to pass a fresh order in accordance with law.
Office is directed to communicate this order to the court below within a period of two weeks.
Order Date :- 15.9.2018 T. Sinha