From the perusal of the complaint and the record, it is clear that the only eye witness mentioned in the complaint had not been produced before the Court rather the alleged only independent witness is said to have filed her affidavit before the lower Court regarding ignorance of the incident. P.W. 2, Yogendra Kumar Singh is nowhere mentioned as witness in the complaint and P.W. 1 is the son of the complainant, who was sleeping on the roof of the house, so admittedly, he could not have witnessed the incident. If we go through the impugned order, it is clear that only finding given by the lower Court is that on the basis of statements under Sections 200 and 202 Cr.P.C., a prima facie case against Pawan and Saurabh under Section 354 IPC is made out and thereafter both these applicants have been summoned to face trial under Sections 354 IPC. This order can not be said to be a order passed after applying a judicial mind of the officer concerned. There is even no mentioning of the affidavit filed by the only alleged eye witness. The statements of complainant and her witnesses have also not been discussed, so the order can not be said to be a order wherein the learned lower Court can be said to have applied her judicial mind so in my opinion the order is a non speaking order passed without using judicial mind and does not deserve to be sustained. The summoning order is hereby quashed.
