Learned counsel for applicants invited attention of Court to the summoning order dated 26.11.2022. He submits that order impugned in present application is wholly arbitrary and therefore liable to be set aside by this Court. Elaborating his submission, learned counsel for applicant submits that Court below has simply recorded a conclusion that on the basis of the complaint, the statement of the complainant and his witnesses, prima facie an offence under sections 323, 379 IPC appears to have been committed. The said conclusion recorded by the Court below is not preceded by a discussion of the allegations made in the complaint or the statement of the complainant and his witnesses as recorded under sections 200 and 202 Cr. P. C. He, therefore, submits that in absence of any finding recorded by the Court below, on the basis of the averments made in the complaint, the statement of the complainant and that of the witnesses, no prima facie satisfaction was recorded by the Court below for summoning the applicant under sections 323, 379 IPC. Consequently, applicants have been summoned by the Magistrate without holding any enquiry. He also submits that no finding has been recorded by concerned Magistrate in the light of observations contained in paragraph 31 of the judgement of the Supreme Court in Priyanka Srivastava Vs. State of U.P. and others, (2015) 6 SCC 287.
