- (1.) The applicants namely, Shyam Babu, Sri Kant and Ram Niwas, by means of this application, under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to set aside impugned summoning order with entire proceeding of Complaint Case No. 5/11/2005 (State Vs. Ram Babu and others), under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Chibramau, District Kannauj, wherein, summoning order dated 28.8.2012, has been passed by learned Judicial Magistrate, Chibramau, Kannauj, against applicants.
(2.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(3.) Learned counsel for the applicants argued that this case crime number was got registered, by way of an application moved under Section 156(3) of Cr.P.C., wherein, investigation resulted in submission of final report. Against final report, a protest petition was filed, annexing therewith certain affidavits and documents. On the basis of these documents, order dated 28.8.2012, was passed by Judicial Magistrate, Chibramau, District Kannauj, wherein, final report was rejected and applicants were summoned for offences punishable under Sections 419, 420, 467, 468, 471 I.P.C. No statements under Section 200 of Cr.P.C. or inquiry under Section 202 of Cr.P.C. was made. Rather, summoning was passed, on the basis of documents, filed with protest petition. Hence, without following the procedure given for complaint cases, under Chapter XV of Code of Criminal Procedure, impugned order was passed. Though, it has been written in this order that Investigating Officer has not recorded statement of witnesses under Section 161 of Cr.P.C. in accordance with their contentions and this was specifically said in protest petition that no such recording of statement of informant and his witnesses were made, by Investigating Officer. Meaning thereby, no statement under Section 161 of Cr.P.C. was got recorded, by Investigating Officer and it was complained by informant itself. Hence, on the basis of statements recorded under Section 161 of Cr.P.C. and evidence collected in case diary, final report was submitted. Meaning thereby, till then, there was no material for summoning of applicants. On the basis of protest petition and documents annexed therewith, this impugned summoning order was passed. Hence, these evidence were with no option for any rebuttal by applicants and a procedure given under Chapter XV of Cr.P.C. was also not obeyed. Hence, for ensuring end of justice, this application has been filed with above prayer.;