Learned counsel for the applicant submitted that opposite party No. 2 filed an FIR against the applicant under Sections 376, 313, 120B, 504, 506 IPC at P.S. Hathras Junction, District Hathras at case crime No. 335 of 2017 and in which after investigation, final report was submitted in favour of applicant as opposite party No. 2 in her statement recorded under Section 164 Cr.P.C. did not allege anything against the applicant although in her statement recorded under Section 161 Cr.P.C. she supported the version of the FIR. Learned counsel for the applicant further submitted that on final report, opposite party No. 2 filed a protest petition and on his protest petition matter was sent back for further investigation and after further investigation, again final report was submitted in the matter and on second final report opposite party again filed a protest petition which was treated by the court below as complaint and after recording the statement of opposite party No. 2 under Section 200 Cr.P.C. and statement of witnesses under Section 202 Cr.P.C., applicant was summoned in the present matter under Sections 376, 417 IPC. Learned counsel for the applicant further submitted that as earlier in her statement recorded under Section 164 Cr.P.C. opposite party no. 2 specifically stated that she is residing with the applicant after performing marriage with her and applicant never made any physical relationship against her wish, therefore, later on, on the basis of protest petition filed by opposite party No. 2, applicant cannot be summoned under Sections 376, 417 IPC and without analyzing the fact of the case, in routine manner, merely on the basis of the protest petition and the statement recorded under Sections 200 and 202 Cr.P.C. court below passed summoning order in the matter against the applicant.
