assigning any reason, summoned only accused, opposite party no.2 under Sections 406 and 506 I.P.C. He has next argued that complainant in her complaint and statement under Section 200 Cr.P.C. has categorically stated that applicant had committed offences under Sections 376 and 313 I.P.C., still in the impugned summoning order, the same have been left out. It is further argued that the prosecution has successfully led cogent evidence that from the very inception the accused had no intention to marry the victim and that he had mala fide motives and had made false promise only to satisfy the lust. But for the false promise by the accused to marry the prosecutrix, the prosecutrix would not have given the consent to have the physical relationship. It was a clear case of cheating and deception. Learned counsel for the applicant in support of his contention has also placed reliance on judgement of Hon'ble Supreme Court in Anurag Soni versus State of Chhattishgarh in Criminal Appeal No.629 of 2019 arising out of SLP (Criminal) No.618 of 2019. Therefore, impugned summoning order may be quashed by this Court and learned Magistrate may be directed to pass fresh summoning order in aforesaid complaint, after looking into entire record placed before it.
