Braj Kishor And Ors. (Complaint ... vs The State Of U.P And Anr.
2013 Latest Caselaw 1098 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1725 of 2013
 

 
Petitioner :- Braj Kishor And Ors. (Complaint Case)
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- H.N Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1.  This petition filed under Section 482 of the Code of Criminal Procedure challenges order of summoning dated 05.9.2012 passed by Additional Chief Judicial Magistrate, Hardoi, in Case No.1519 of 2012 under Section 323 I.P.C., Police Station Madhoganj, District Hardoi, placed on record as Annexure-1.

2.  Learned counsel for the petitioners contends that medical evidence has not been placed on record to establish the offence.  On the second count, it has been contended that the complaint has been filed so as to harass the petitioners.

3.  I have considered the contentions of the learned counsel.

4.  Statements of the complainant recorded under Section 200 of the Code of Criminal Procedure does not even indicate the time of occurrence.  The details of weapons of offence has also not been given by the complainant.  In the statement of witnesses recorded under Section 202 of the Code of Criminal Procedure also relevant particulars of incident have not been given.  Although it has been stated by the witnesses that injuries were caused with lathi-danda, the said fact has not been prima facie established so as to call for summoning.

5.  Issue notice to respondent no.2 through the Chief Judicial Magistrate, Sitapur, returnable on 27.5.2013.

6.  Further proceedings in Case No.1519 of 2012 under Section 323 I.P.C., Police Station Madhoganj, District Hardoi, shall remain stayed till the next date of listing.

7.  List on 27.5.2013.

Order Date :- 18.4.2013

A.Nigam