Brij Mohan Tiwari v. Bilal Khan another and the order dated

instance, the Magistrate refused to accept the application moved by the complainant under Section 156(3) Cr.P.C. Challenging the said order, respondent no.2 preferred a revision. The Revisional Court after hearing the parties and perused the evidence allowed the revision and remanded the matter to the trial court to decide the case afresh in view of the observations made in the body of judgment. Subsequently, thereafter the Magistrate again heard the matter and registered the case as a compliant case. By way of elaborate order dated 07.09.2022, learned Chief Judicial Magistrate, Almora has summoned the accused applicant to face the trial under Sections 120B and 420 IPC. The trial court also observed that there appeared reasonable grounds to summon the accused for the purpose of trial. The evidence of complainant recorded under Section 200 Cr.P.C. as well as all his witnesses under Section 202 Cr.P.C. being PW1 and PW2 were also perused before passing the summoning order.

9. It can be inferred at this stage that merely the order of summoning has been passed against the applicant. The applicant did not appear and subsequently the order of bailable warrant was directed to be issued against the applicant. The applicant is well within his right to adduce his evidence in order to rebut the case of complainant. The same can only be done only after the evidence is produced. This Court in exercise of powers under Section 482 Cr.P.C. has not supposed to conduct an inquiry to reach to the conclusion where the allegations leveled against the applicant are true or not. The allegations leveled against the applicant do Prima facie make out a case of summoning him under Sections 120B & 420 IPC.

10. Having considered the entire facts and circumstances of the case, this Court is of the opinion that 4 no interference is warranted. The C482 application is accordingly dismissed.

11. Since the matter is pending for quite long, trial court is directed to proceed with the matter expeditiously.

12. Pending application, if any, stands disposed of accordingly. AK (Pankaj Purohit, J.) 24.04.2025 5

instance, the Magistrate refused to accept the application moved by the complainant under Section 156(3) Cr.P.C. Challenging the said order, respondent no.2 preferred a revision. The Revisional Court after hearing the parties and perused the evidence allowed the revision and remanded the matter to the trial court to decide the case afresh in view of the observations made in the body of judgment. Subsequently, thereafter the Magistrate again heard the matter and registered the case as a compliant case. By way of elaborate order dated 07.09.2022, learned Chief Judicial Magistrate, Almora has summoned the accused applicant to face the trial under Sections 120B and 420 IPC. The trial court also observed that there appeared reasonable grounds to summon the accused for the purpose of trial. The evidence of complainant recorded under Section 200 Cr.P.C. as well as all his witnesses under Section 202 Cr.P.C. being PW1 and PW2 were also perused before passing the summoning order.

9. It can be inferred at this stage that merely the order of summoning has been passed against the applicant. The applicant did not appear and subsequently the order of bailable warrant was directed to be issued against the applicant. The applicant is well within his right to adduce his evidence in order to rebut the case of complainant. The same can only be done only after the evidence is produced. This Court in exercise of powers under Section 482 Cr.P.C. has not supposed to conduct an inquiry to reach to the conclusion where the allegations leveled against the applicant are true or not. The allegations leveled against the applicant do Prima facie make out a case of summoning him under Sections 120B & 420 IPC.

10. Having considered the entire facts and circumstances of the case, this Court is of the opinion that 4 no interference is warranted. The C482 application is accordingly dismissed.

11. Since the matter is pending for quite long, trial court is directed to proceed with the matter expeditiously.

12. Pending application, if any, stands disposed of accordingly. AK (Pankaj Purohit, J.) 24.04.2025 5