The Allahabad High Court while setting aside the summoning order passed by Civil Judge (J.D.)( FTC II) District Kaushambi, in Complaint Case stated that, while summoning an accused, the Court has to see prima facie evidence.
A Single Bench of Justice Rajeev Misra passed this order while hearing an application filed by Shiv Lal and 5 others.
Challenge in the application under section 482 CrPC is to the summoning order dated 22.08.2022 passed by Civil Judge (J.D.)( FTC II) District Kaushambi, in Complaint Case under sections 452, 323 IPC, P.S‐ Charwa, District Kaushambi now pending in the Court of Civil Judge (J.D.)( FTC II) District Kaushambi.
Counsel for the applicants invited attention of the Court to the summoning order dated 22.08.2022 .
He submitted that the order impugned in present application is wholly arbitrary and therefore liable to be set aside by the Court.
Elaborating his submission, Counsel for the applicant submitted that the Court below has simply recorded a conclusion that on the basis of the complaint, the statement of the complainant and his witnesses, prima facie an offence under sections 452, 323 IPC appears to have been committed. The said conclusion recorded by the Court below is not preceded by a discussion of the allegations made in the complaint or the statement of the complainant and his witnesses as recorded under sections 200 and 202 CrPC.
He, therefore, submitted that in absence of any finding recorded by the Court below, on the basis of the averments made in the complaint, the statement of the complainant and that of the witnesses, no prima facie satisfaction was recorded by the Court below for summoning the applicant under section 452, 323 IPC.
Hence, same is liable to be quashed by the Court.
The Court relied upon the case of Hariram Verma and 4 Others Vs The state of U.P and Anohter, where it was observed that “It is settled principle that while summoning an accused, the Court has to see prima facie evidence. The ”prima facie evidence’ means the evidence sufficient for summoning the accused and not the evidence sufficient to warrant conviction. The enquiry u/s 202 CrPC is limited only to ascertain of truth or falsehood of allegations made in the complaint and whether on the material placed by the complainant a prima facie case was made out for summoning the accused or not.”
“In the light of the judgements referred to above, it is explicitly clear that the summoning order passed by Court below is cryptic and does not stand the test laid down by the Court”, the Court further observed while allowing the application.
“The summoning order dated 22.08.2022 passed by Civil Judge (J.D.)( FTC II) District Kaushambi, in Complaint Case under sections 452, 323 IPC, P.S‐ Charwa, District Kaushambi now pending in the Court of Civil Judge (J.D.)( FTC II) District Kaushambi is set aside.
The Civil Judge (J.D.)( FTC II) District Kaushambi, shall pass a fresh order in the light of the observations made herein above”, the Court ordered.