Rajesh Dayal Khare, J. - (1.) HEARD learned Counsel for the applicants and learned AGA for the State respondent .
(2.) THE present Petition has been filed for quashing of the summoning order dated 18.06.2010 passed by A.C.M.M. II, Kanpur Nagar in Ahibaran Singh v. Shri Kant complaint case No. 3270 of 2010 under Sections , , , , IPC. It is contended by learned Counsel for the applicant that the present criminal proceedings were initiated on an application of the opposite party No. 2 filed under Section Cr.P.C., pursuant to which an F.I.R. was lodged and after investigation final report was submitted. It is contended that F.I.R. witnesses executed affidavits, copy of which has been filed as Annexure -5 and there is discrepancy with regard to the alleged incident as specified in the FIR and in the affidavits. It is next contended by learned Counsel for the applicants that the witnesses were not examined while passing of the summoning order, which is bad in law. Learned Counsel for the applicants has relied upon the Judgment of Hon'ble Apex Court reported in the matter of Babu Ram Sharma and Ors. v. State of U.P. and Ors., 2010 (3) SCC Cri. 276 in support of his contention.
(3.) LEARNED A.G.A. has contended that the averment as given in the FIR is not different from the further affidavits executed by the witnesses and therefore, it is contended by the learned A.G.A. that there is no illegality in the order impugned.;