MAHESHWARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7507/2025 · 2025-03-05
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22476 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:32207 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7507 of 2025 Applicant :- Maheshwari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned AGA for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been preferred against the summoning order dated 18.09.2024, passed by learned Judicial Magistrate-IInd, Banda in Case No.2590/9/2024 (Chaitu Vs. Maheshwari and others), under Sections 425, 427, 430, 435 I.P.C., Police Station- Chilla, District- Banda, pending before the Court of Judicial Magistrate-IInd, Banda. 3. Learned counsel for the applicants submitted that impugned complaint has been lodged making false allegations. Regarding application filed by opposite party no.2 under Section 156(3) Cr.P.C., police have submitted report, wherein it was stated that opposite party no.2 has not made any complaint at the time of incident before police or Lekhpal and that both the parties were challaned under Sections 107, 116, 151 Cr.P.C. The allegation of complainant that applicants have put the crop of complainant on fire, is wholly false. There are contradictions in the statement of complainant and of witnesses. There is no independent witness of alleged incident. Referring to facts of the matter, it was submitted that no prima-facie case is made out against the applicants. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. It is well settled that at the stage of issuing process under Section 204 Cr.P.C., the Magistrate is mainly concerned with the allegations made in the complaint and evidence led in support of the same. The Magistrate has to be satisfied that there are sufficient grounds for proceedings against the accused. At this stage matter is not to be examined meticulously and only it is to be considered whether a prima-facie case is made out and there are sufficient grounds for proceeding against proposed accused persons. At the stage of issuance of process to accused, the Magistrate is not required to record detailed reasons. 7.
In the instant matter, perusal of record shows that the opposite party no.2 has lodged the impugned complaint alleging that he has leased out his land to one Ramdeen Arakh and that his wheat crop was lying for thrashing and that on 16.04.2023 at about 03:00 P.M. applicants have put the said crop on fire. Fire brigade was also informed but by the time fire brigade reached there, the crop has already been burnt to ashes. The complainant has supported said version in his statement recorded under Section 200 Cr.P.C. The witnesses examined under Section 202 Cr.P.C. have also supported said version. The submissions raised by
learned counsel for the applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the
submissions made on point of law can also be more appropriately gone into by the trial court. In view of material on record, it can not be said that no prima-facie case is made out against the applicants. Considering entire facts, it can not be said that there has been misuse of the process of Court or there is any illegality or perversity in the impugned summoning order. The present application under Section 528 B.N.S.S. lacks merit and thus liable to be dismissed.
8. The application u/s 528 B.N.S.S. is hereby dismissed.
Order Date :- 6.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad