Arunesh And 3 Others vs State Of U.P. And Another
2023 Latest Caselaw 5615 ALL

Citation : 2023 Latest Caselaw 5615 ALL
Judgement Date : 20 February, 2023

Allahabad High Court

Arunesh And 3 Others vs State Of U.P. And Another on 20 February, 2023

Bench: Syed Aftab Rizvi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 89
 

 
Case :- CRIMINAL REVISION No. - 556 of 2016
 

 
Revisionist :- Arunesh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Raj Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

List revised. None is present either for the revisionists or opposite party no.2. However, learned A.G.A.for the State is present.

This criminal revision is filed against impugned judgment and order dated 31.8.2015 passed by Judicial Magistrate, Court No.21, Basti in Complaint Case No.4 of 2015 (Sangeeta Vs. Arunesh and others) under sections 323, 354, 504 and 506 I.P.C., Police Station Lalganj,District Basti.

Opposite-party no.2, Sangeeta moved an application under Section 156(3) Cr.P.C. alleging therein that on 20.10.2014 at about 6 p.m. when she was alone in her house, cooking food, opposite parties, Arunesh, Hamir Pal alias Guddu Pal, Gyan Prakash and Shyammani holding lathi and danda came at the house of complainant and started to abuse her. They also entered into the house and damaged the utensils and other articles. They assaulted the complainant with fists and kicks and also torn her blouse. They also committed indecent act with the complainant. The complainant examined herself under Section 200 Cr.P.C. and two witnesses under Section 202 Cr.P.C. Learned trial court by the impugned order dated 31.08.2015 has summoned the revisionists-accused to face trial of the offence under sections 323, 354, 504 and 506 I.P.C.

Learned trial court has narrated entire facts, evidence and other material available on record. The allegation of complainant discloses a cognizable offence. The complainant is victim herself and she has corroborated allegations of complaint. Two witnesses examined by her have also supported her testimony. Learned Magistrate being satisfied that prima facie, case is made out, has passed impugned summoning order. It is settled principles of law that at this stage only a prima facie case is to be seen. There is no illegality in the impugned summoning order.

The revision is dismissed.

The interim order dated 04.03.2016 is vacated.

Let a copy of this order be communicated to the trial court concerned forthwith.

Order Date :- 20.2.2023

MN/-