U.S.TRIPATHI, J. - (1.) THE above two ap­plication under Section 482, Cr. P.C. have been preferred for quashing of proceeding against the applicants on the basis of order dated 4-4-1997 passed in Criminal Case No. 512 of 1994, State v. Krishna Kumar and others, under Sections 323, 325, 504 and 506, I.P.C., P.S. Bakewar, district Fatehpur pending in the Court of Addi­tional Chief Judicial Magistrate Fatehpur.
(2.) SMT . Bhagwani Devi opposite party No.2 in both the applications, lodged a report on 22-1-1994 at PS. Bakewar dis­trict Fatehpur against the applicants of both the application and four others with the allegation that on 21-1-1994 at about 6.00 p.m. while her son and daughter were milching cow, Krishna Kumar, Gokaran Nath, Raj u arm with rifle alongwith Bhagwati Prasad, Dhannar, Rajan, Dileep, Vin-doo, Krishna Devi, Mahesh, Girija Shankar, Uma Shankar, wife of Girija Shankar and Mukesh Kumar in all of 14 persons raided her house and started caus­ing injuries to her son and daughter. They also fired from rifle and gun, set fire in her Chhappar, damaged Chabutara and stonned at the house. They also caused injuries to animals and threatened them to remove from the village. The police registered a case at Crime No. 10 of 1994, under Sections 323,325,504 and 506,1.P.C. After investigation the police submitted charge-sheet only against four persons namely Krishna Kumar, Mahesh, Uma Shankar and Mukesh Kumar. During trial before the Magistrate Smt. Asha Devi daughter of opposite party No. 2 was ex­amined on oath. In her statement she named four persons against whom police had submitted charge- sheet as well as the applicants, in all 14 persons, involved in the offence. Thereafter, Smt. Bhagwani Devi opposite party No. 2 moved an ap­plication for summoning the applicants of both the applications under Section 319, Cr. P.C. on the ground that report was lodged against them also and they were also involved in the offence. The learned Magistrate found that there was sufficient ground for proceeding with against the applicants and therefore, he summoned them under Sections 323,325,504 and 506, I.P.C. in the exercise of power under Sec­tion 319, Cr. P.C. for trial alongwith other accused. The above summoning order has been sought to be quashed ir. these ap­plications. Heard learned Counsel for the ap­plicants in both the applications as well as the learned Counsel for the opposite party No. 2 and the learned A.G.A. and perused the record.
(3.) THE summoning order under Sec­tion 319, Cr. P.C. has been challenged on the ground that the complainant and other witnesses have not named the applicants in their statement under Section 161, Cr. P.C. and police had submitted charge-sheet only against four persons. The applicants Krishna Kumar and Mahesh Narain were not present on the spot and were on their respective duty place on the date of occur­rence and implication of applicants was false. The learned Magistrate had wrongly summoned them and that the summoning order was passed prior to completion of cross- examination of Smt. Asha Devi P.W.-l and therefore her statement could not be considered for the purpose of sum­moning the applicants.;