Subhash Chandra Saxena v. State of U.P. and Another

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