HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7032 of 2023 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Case called out. 2. No one has put in appearance on behalf of the respondent, whereas, learned counsel for the applicant is present 3. From a bare perusal of the impugned order dated 21.06.2009, it is clear that it is a non-speaking order. The subordinate court has observed that it has seen the entire record including the statement under section 200 CrPC and it finds that summons are liable to be issued against opposite party nos.1-5 under Sections 323, 504, 392, 342, 452 IPC. It has not discussed, as to how, it has come to the conclusion that the offence is made out. Simply, it is said that it has seen the entire records and is satisfied but once the court issues the summons, it has to discuss the evidence on record and after recording the findings, it can issue the summons by recording its satisfaction that after going through the records as well as the statements and necessary facts, the court is satisfied that the offence is made out only then the summons can be issued but the order seems to be non-speaking, therefore, it is liable to be quashed. 4. In view of the above, the order dated 21.08.2009 is hereby quashed and the matter is remitted back to the Chief Judicial Magistrate Bahraich to pass fresh order after applying its mind, by providing due opportunity to the concerned parties, within a period of six weeks. Versus Counsel for Applicant(s) : Rudra Pratap Singh Counsel for Opposite Party(s) : G.A., Dhananjai Kumar Tripathi Bhagwati Singh And 4 Others .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Sectt. Lko And Another .....Opposite Party(s) 5. The petitioner is also directed to file a copy of this order before the Chief Judicial Magistrate, Bahraich within a period of one week from today. 6. With the aforesaid view, the present application is disposed of. October 8, 2025 V. Sinha A482 No. 7032 of 2023 2 (Brij Raj Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench