Hon’ble Allahabad High Court while dealing with the petition here on 25-03-2019 in the case of “Smt. Mamta And Another v. State Of U.P. And Another” stated that the summoning order is based on the statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C is valid in nature.

BRIEF FACTS OF THE CASE

This petition was filed for setting aside impugned order dated 28.2.2019 passed by learned 1st Additional Sessions Judge, Farrukhabad in criminal revision no. 5 of 2018, Mamta and another Vs. State of U.P. and another, and impugned summoning order dated 25.4.2017 passed by learned Judicial Magistrate, Sadar, Farrukhabad in Complaint Case No. 780 of 2015, Sita Devi Vs. Vimal Kumar and another, under Section 436 IPC, P.S. Shamshabad, District Farrukhabad in which a summon order was issued and its revision was dismissed.

DECISION OF THE COURT

Hon’ble Court held that the summoning order was based on the statements of complainant and witnesses recorded under section 200 and 202 Cr.P.C. There is no illegality or irregularity in the impugned judgment and order passed by the courts below.

Thus, this petition was dismissed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7108408