MOHD.SAYEED Vs. STATE OF U.P.AND OTHERS
LAWS(ALL)-2011-3-390
HIGH COURT OF ALLAHABAD
Decided on March 24,2011

Mohd.Sayeed Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

NARAYAN SHUKLA, J. - (1.) SINCE common question of fuel and law are in­volved in both petitions, the same are being decided by a common judgment and order.
(2.) HEARD learned Counsel for the peti­tioners and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State. The petitioner of Criminal Misc. Case No. 1191 of 2011 (under section 482 Cr.P.C.) has challenged the summoning or­der dated 10.6.2010 issued by the 1st Addi­tional Chief Judicial Magistrate, Kheri in Case No. 163 of 2010, mainly on the ground that the same is without application of mind, therefore it is unsustainable in the eyes of law. The petitioners of Criminal Misc. Case No. 1205 of 2011 (under section 482 Cr.P.C) has also challenged the order dated 6.12.2010 passed by the Chief Judicial Magistrate, Unnao in Misc. Criminal Case No. 11201 of 2010.
(3.) LEARNED Counsel for the petitioners submits that the Magistrate was obliged to record his satisfaction for taking cognizance in the matter, but it has not been done so far. The summoning order dated 10.6.2010 passed by the Court below is reproduced hereinunder -;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.