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It is further stated in the complaint that he told these persons that his master is not available at home, on this Dr. Vishnu Chandra Tripathi and Sudhakar Maurya asked his name and on being told they at once became angry and addressed him with his caste. On this he went inside the house and on the instruction of his master informed them that his master will not meet them. On this all these three persons physically assaulted him and also threatened him of his life. They also attempted to drag him towards their vehicle which was standing nearby. He made a noise on which other servants, namely, Shankar Dayal and Kuldeep etc. arrived and helped the complainant. He informed the Police Station Kotwali Nagar about the incident but no action was taken by the police, on which he made a complaint to the Superintendent of Police, Bahraich. He could not get his injuries examined due to his poorness.

Learned AGA, however, submits that at the stage of summoning deep evaluation of the evidence is not required and only a prima facie case is to be seen. Keeping this principle in view no illegality has been committed by the court below.

Learned counsel for the respondent no.2 submits that the appellants despite being informed that Shri Shiv Prasad Ojha does not want to meet them assaulted the complainant as also addressed him with castiest remarks and also dragged him towards their vehicle which was standing nearby.

46. A wide discretion has been given as to grant or refusal of process and it must be judicially exercised. A person ought not to be dragged into Court merely because a complaint has been filed. If a prima facie case has been made out, the Magistrate ought to issue process and it cannot be refused merely because he thinks that it is unlikely to result in a conviction.

47. However, the words "sufficient grounds for proceeding" appearing in the Section are of immense importance. It is these words which amply suggest that an opinion is to be formed only after due application of mind that there is sufficient basis for proceeding against the said accused and formation of such an opinion is to be stated in the order itself. The order is liable to be set aside if no reason is given therein while coming to the conclusion that there is prima facie case against accused, though the order need not contain detailed reasons. A fortiori, the order would be bad-in-law if the reason given turns out to be ex facie incorrect."

Coming back to the facts of the present case the allegations of addressing with castiest remark have been levelled by the complainant Bindra Pasi against the appellants, namely, Dr. Vishnu Chandra Tripathi, who was the Principal of R.K. College Jaunpur, Sudhakar Maurya, who was the Accountant of the College and Sanjay Kumar Singh, who at that point of time was the Head Clerk of the College. The allegations are also with regard to the fact that the complainant was physically assaulted. However, in the end of the complaint it has been mentioned that due to poverty he could not get himself medically examined. The allegations have also been levelled against all the appellants that the appellants also dragged the complainant towards their vehicles. It is apparent on record that the appellants are resident of Jaunpur and Bindra Pasi complainant who admittedly works as domestic help in the house of Dr. Shiv Prasad Ojha situated at Bahraich. It is highly improbable that these three persons will go to another district, namely, Shrawasti i.e. at the house of Dr. Shiv Prasad Ojha and will do "marpit" and will drag complainant towards their vehicles without any intimidation given by the complainant. The story as put forth by the complainant in his complaint is highly improbable and unacceptable. Many documents have been placed on record by the appellants which shows that Dr. Shiv Prasad Ojha was earlier the Principal of R.K. College, Jaunpur and there he committed some financial illegalities and an enquiry was being conducted against him. It is also stated on behalf of the appellants that an FIR was also lodged by appellant no.1, namely, Dr. Vishnu Chandra Triapthi, Principal of the College against Dr. Shiv Prasad Ojha and others pertaining to threatening him in lieu of issuance of a non-encumbrance certificate, a copy of which has been provided on record, which was registered as Case Crime No.63 of 2019. By referring to the above mentioned documents and FIR it has been stated by the appellants that when Dr. Shiv Prasad Ojha failed to pressurize the appellants for issuance of a false non-encumbrance certificate, he manufactured this criminal case through his domestic help, namely, Bindra Pasi (complainant). However, the defence of the appellants (accused persons) could not be taken into consideration at this stage as the order of the Magistrate, whereby the appellants have been summoned is to be scrutinized on the basis of facts and evidence/ material which was available with the Magistrate, at the time of issuance of process. Even if the material which has been placed by the appellants before this Court is excluded from consideration the allegations of complaint and evidence of the prosecution witness recorded under Section 202 Cr.P.C. cannot be accepted being highly improbable.