Court No. - 54
Case :- MATTERS UNDER ARTICLE 227 No. - 447 of 2020
Petitioner :- Subhash Chandra Saxena
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Ashok Kumar Pandey
Counsel for Respondent :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Ashok Kumar Pandey, learned counsel for the
petitioner and learned A.G.A. for the State.
Present Petition under Article 227 of the Constitution of India
has been filed challenging the order dated 28.11.2019 passed by
the Special Judge, Essential Commodities Act/Additional
Sessions Judge, Court No.4, Bareilly in Criminal Revision
No.90 of 2019, whereby the revision was dismissed affirming
the summoning order dated 15.2.2019 passed by the Additional
Chief Judicial Magistrate, Court No.6, Bareilly summoning the
petitioner in complaint case No.583 of 2017, under Sections
323, 504, 506, 452, IPC, P.S. Fatehganj (Paschimi), District
Bareilly.
Learned counsel for the petitioner submits that the summoning
order has been passed without any basis and without verifying
the report submitted by the Tahsildar.
I have considered the submission raised by learned counsel for
the petitioner and perused the record.
The magistrate after considering the statement of the
complainant under Section 200, Cr.P.C. and two witnesses
under Section 202, Cr.P.C. summoned the petitioner for facing
trial under Sections 323, 504, 506, 452, IPC. The revision filed
against the same was also dismissed. The contention so raised
by the learned counsel for the petitioner is the disputed fact,
which can be considered at the time of the trial infact it is a
defence of the petitioner.
I do not find any illegality in the summoning order as well as
revisional order passed by both the courts below.
The Petition lacks merit and is, accordingly, dismissed.
Order Date :- 4.2.2020
T. Sinha
Neutral Citation No. - 2020:AHC:20685