Raj Mani Chauhan, J. - (1.) HEARD learned Counsel for the petitioners and learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioners with the following prayers: It is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the summoning order dated 4.8.2010 passed by learned J.M. 1st, Gonda in Complaint Case No. 155/2001, Under Sections 323/504/506 IPC, Police Station Chhapiya, District Gonda and also quash the further proceeding pending in the Court of learned J.M. 1st, Gonda in Complaint Case No. 155/2001, Under Sections 323/504/506 IPC, P.S. Chhapiya, District Gonda against the petitioners. The submission of learned Counsel for the petitioners is that during the course of inquiry, the Magistrate recorded the statement of the Doctor who had examined the injured. The duration of injuries given by the Doctor does not coincide with the time of the occurrence as alleged by the complainant. Learned Counsel further submits that the learned Magistrate without applying his mind to the evidence adduced by the complainant in mechanical way has summoned the accused, therefore, the impugned summoning order has been issued without application of mind and is liable to be quashed.
(3.) LEARNED A.G.A. opposed the petition.;