Court and he is not having any objection for the same. However, the Court has to look into the averments made in the complaint, which is the basis for taking the cognizance and the law was set in motion. Having perused the page No.3 of the complaint, except the general allegations against petitioner No.2, no specific allegations are made. It is also to be noted that in the very same paragraph, the specific allegation is made against accused Nos.1 and 3 that with other unknown persons they threatened the complainant that they would murder him. Hence, the learned Magistrate failed to take note of the said aspect while invoking Section 204 of Cr.P.C. for issuance of process and also failed to consider the material available on record, particularly, the complaint averment and issued the process against all the accused. Hence, I am of the opinion that if the proceeding against petitioner No.2 is continued, it amounts to an abuse of process, which leads to miscarriage of justice as only an omnibus allegation is made in page No.3 of the complaint against petitioner No.2 herein and issuance of summons in a criminal case is a serious matter.
