Learned counsel for applicants invited attention of the Court to the summoning order dated 13.01.2023. 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 applicants 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 452, 427, 323, 504 and 506 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 applicants under Sections 452, 427, 323, 504 and 506 IPC. Applicants have been summoned by Court below without holding an enquiry. No finding has been recorded by Court below in the light of observations made in paragraph 31 of the judgment of Supreme Court in Priyanka Srivastava and another Vs. State of U.P. and another, reported in 2015 (6) SCC 287 .
