This petition under Article 227 of the Constitution of India has been filed by Sachin Sharma and four others against State of U.P. and another with prayer to set aside the impugned order dated 27.9.2016 passed by A.C.J.M. Court No. 2, Bulandshahar, in Complaint Case No. 2704 of 2016, Deepak Vs. Sachin Sharma and others, and order dated 2.1.2019 passed by Additional Sessions Judge, Court no. 10, Bulandshahar, in Criminal Revision No. 331 of 2017, Sachin Sharma and others Vs. State of U.P. and another, with contention that the learned Magistrate has wrongly summoned the petitioners and revision against the summoning order has been erroneously dismissed by the revisional court, whereas F.I.R. for the same occurrence and on the same day was got registered upon the pretext of the petitioners against the complainant but O.P. No. 2- complainant got himself medically examined before District Hospital, Bulandshahar, on 21.9.2014 in which injuries were found to be simple in nature and 2-3 days old. A frivolous Complaint Case no. 557 of 2014, Deepak Vs. Sachin Sharma and others, was filed on 7.2.2014 in which the complainant examined himself u/s 200 Cr.P.C. and his witnesses were examined u/s 202 Cr.P.C. then after summoning order was passed on 27.9.2016. Aggrieved with the summoning order dated 27.9.2016 Criminal Revision No. 331 of 2017 was filed before the Sessions Judge, Bulandshahar, and it was heard and rejected vide order dated 2.1.2019 whereas Case Crime No. 207 of 2014, u/s 452, 323, 504 I.P.C. P.S. Kotwali Aurangabad, District Bulandshahar, was registered upon the report of petitioner no. 5, who had received serious injuries in the occurrence and was medically examined on 19.9.2014 itself. In the statements recorded u/s 161 Cr.P.C. witnesses have fully corroborated the case but this complaint in counter blast has been filed with wrong facts in which the impugned summoning order has been passed. Hence, this petition.
