Neutral Citation No. - 2025:AHC:8757 Court No. - 73 Case :- APPLICATION U/S 482 No. - 19134 of 2024 Applicant :- Jitendra Tyagi Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 04.04.2024, passed by the learned Additional Sessions Judge, Court No.8, Agra in Criminal Revision No. 497 of 2023 (Ramveer & Others Vs. State and Another), under Section - 420, 323, 504, 506 I.P.C., Police Station - Iradatnagar, District - Agra. 3. It is submitted by learned counsel for the applicant that applicant has filed Complaint Case No. 9443 of 2022 against private opposite parties and the private opposite parties were summoned by the learned Magistrate vide order dated 05.05.2023. The private opposite parties have preferred criminal revision against summoning order dated 05.05.2023, which has been allowed by the learned Additional Sessions Judge, Court No.8, Agra vide impugned order dated 04.04.2024, wherein the summoning order dated 05.05.2023 was set aside and the matter was remanded back to the learned Magistrate to pass a fresh order on the point of summoning. It was submitted that applicant has made clear allegations that the private opposite parties have got executed sale deed from the mother of complainant by way of cheating and fraud and that version was supported by the witnesses examined under Section - 202 Cr.P.C. but despite that the learned Revisional Court below has allowed the revision and summoning order was set aside. Learned counsel submitted that the impugned order is against facts and law and thus, liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. It was submitted that revision was allowed by a reasoned order and matter has been remanded back to the learned Magistrate and thus, the applicant may raise his plea before the learned Magistrate. 5. I have considered the rival submissions and perused the record. 6. It is well settled that at the stage of summoning the Magistrate has to carefully scrutinise the evidence brought on record in order to consider whether a prima facie case is made out or not. In the instant matter, it appears that the applicant has lodged the impugned complaint making allegations that there was dispute regarding property among the family members of complainant and in order to settle the said dispute, the mother of applicant/complainant has to execute a sale deed of two 'bigha' land but the private opposite parties got executed sale deed of her entire property by way of cheating and fraud. It appears that the private opposite parties were summoned by the learned Magistrate vide summoning order dated 05.05.2023. The summoning order passed by the learned Magistrate was set aside by the learned Sessions Judge by a reasoned order dated 04.04.2024 and no such patent illegality or abuse of the process of court could be shown, so as to require any interference in the impugned order by invoking powers under Section – 482 Cr.P.C., particularly when the matter has been remanded back to the learned Magistrate to consider the matter afresh and pass an order in accordance with law. Hence, the prayer sought above is refused. 7. However, keeping in view of the fact that matter was remanded back by the Sessions Judge vide order dated 04.04.2024 and it was stated that in pursuance to that order, learned Magistrate has not passed any order, learned trial court is directed to consider and decide the matter on the point of summoning expeditiously in accordance with settled law. 8. With the aforesaid observations, application under Section 482 Cr.P.C. is dismissed. Order Date :- 20.1.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad