Neutral Citation No. - 2025:AHC-LKO:21754 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3093 of 2016 Applicant :- Ram Bhajan Pandey And Others Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Ram Pakhan Pandey Counsel for Opposite Party :- Govt. Advocate,A P Srivastava,Ram Kumar Misra Hon'ble Salil Kumar Rai,J. List has been revised. No one appears for opposite party no. 2 even though the opposite party no. 2 has filed a counter affidavit and is represented by Sri Ram Kumar Mishra and Sri A.P. Srivastava, Advocates. The present application under Section 482 Cr.P.C. has been filed challenging the summoning order dated 19.1.2016 passed by the Judicial Magistrate - II, Court No.19, District Raebareli in Complaint Case No. 1139 of 2015. The facts of the case are that the opposite party no. 2 was married to applicant no. 3 on 30.11.2012. The opposite party filed a complaint before the Judicial Magistrate on 30.3.2015 alleging that the applicants and his family members treated the opposite party with cruelty and demanded dowry from her. It was further alleged in the complaint that the opposite party was frequently assaulted by the applicants and the other family members of the applicants. The applicant no. 1 is the father of applicant no. 3 (father-in-law of opposite party no. 2) and the applicant no. 2 is the sister-in-law of applicant no. 3. Apart from the aforesaid, the mother of applicant no. 3, the elder brother of applicant no. 3, the younger cousin of applicant no. 3, the daughter of applicant no. 1 and the son-in-law of applicant no. 1 were also arrayed as accused. The statement of opposite party no. 2 under Section 200 Cr.P.C. was recorded on 8.5.2015. The statements of the witnesses under Section 202 Cr.P.C. were recorded on 16.7.2015 and 1.8.2015. The statements apparently supported the case of the complainant. Subsequently, the Judicial Magistrate vide his order dated 19.1.2016 held that a prima facie case was made out against the applicants and summoned them for trial. The other persons arrayed as accused have not been summoned. The order dated 19.1.2016 has been challenged in the present application. It has been stated by the counsel for the applicants that the applicant no. 3 has already died. A perusal of the complaint as well as the statements of the complainant recorded under Section 200 Cr.P.C. and of the witnesses recorded under Section 202 Cr.P.C. shows that the allegations are general in nature and no specific role has been assigned to either of the applicants. It is also noted that the whole family of the applicants have been arrayed as accused in the complaint. A perusal of the order dated 19.1.2016 also shows that no reasons have been given by the concerned Judicial Magistrate to hold that a prima faice case was made out against the applicants on the statements recorded under Sections 200 and 202 Cr.P.C. It is also noted that the applicant no. 1 as recorded in the complaint itself must be above 80 years of age. Similarly, other applicants are also above 50 years of age. In view of the aforesaid, the order dated 19.1.2016 passed by the Judicial Magistrate is contrary to law and is, hereby, set- aside. The application is allowed. Order Date :- 17.4.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad, Lucknow Bench