SAMIT GOPAL,J. - (1.) Heard Sri Deepak Rana, learned counsel for the applicants through video conferencing and Sri Sanjay Singh, learned AGA for the State and perused the record.
(2.) The present application under section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceedings including the summoning order dated 3.08.2019 passed in Complaint Case No. 3004 of 2016 (Begraj Vs. Kuldeep and others) under Section 376 IPC, P.S. Binoli, District Baghpat pending in the Court of Civil Judge, S.D. (Fast Track Court)/ Additional Chief Judicial Magistrarte, Baghpat.
(3.) Learned counsel for the applicants argued that the order impugned dated 3.08.2019, copy of which is annexed as annexure 18 to the affidavit is an illegal order as the mandatory provisions of Section 204(2) Cr.P.C. and Section 204(4) Cr.P.C. have not been complied with. It is argued that without following the mandatory provisions of law, the complaint could not have been proceeded with and was liable to be dismissed. Learned Magistrate has not applied his judicial mind and as such the same is liable to be set aside.;