Harbharosu and others vs Baba Dharam Shah and others

By way of this petition filed under Section 482 of the Code of Criminal Procedure, the petitioners have prayed for the following reliefs. "It is, therefore, respectfully prayed that the present petition may kindly be allowed and the summoning order against the petitioners dated 24.12.2016 passed by Ld. Judicial Magistrate 1st Class, Court No. (III), Una, District Una, in Complainant Case No. 24/2016 may very kindly be set aside and the complaint filed by the respondent may kindly be quashed in the interest of justice.

Any other order which this Hon''ble Court may deem fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the petitioner and against the respondent."

Primarily the grievance which has been raised by the petitioners is that the impugned order stands passed by the learned trial Court without any due application of mind and it was incumbent upon the learned trial Court to have recorded detailed satisfaction as to why it was issuing summons to the respondents therein.

Having heard learned Counsel for the parties, in my considered view, there is no infirmity with the impugned order. A perusal of the impugned order demonstrates that learned trial Court after perusing the averments made in the complaint and documents which were appended with the same as well as the testimony of the complainant''s witnesses, found that there were sufficient grounds to proceed against the accused and thereafter it issued the summons against the accused for their presence before the Court for 15.02.2017. Thus, it cannot be said that summons were issued without any due application of mind.

Mr. R.P. Singh, learned Counsel for respondent No. 1 has informed this Court that even otherwise this Court should not show indulgence to the petitioners as they are avoiding the process so issued against them by the learned trial Court on one pretext or the other. He further submits that if the petitioners rather should have had appeared before the learned trial Court and taken all such pleas which are available to them before the learned trial Court. Be that as it may, as this Court prima facie does not finds any infirmity with the order so passed by the learned trial Court, this petition is dismissed being devoid of merits. Pending miscellaneous application(s), if any, also stand disposed of. No order as to costs.