Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the revisionists and the learned AGA appearing on behalf of State.
(2.) IT appears that the learned Chief Judicial Magistrate, Ghaziabad, by his order dated 1.12.2010 passed in (State of U.P. v. Sumit Mittal and Ors. Criminal Case No 40893 of 2010) has taken cognizance of the offence under Sections 406, 420, 467, 468, 471 I.P.C. registered at Police Station Kavi Nagar, District Ghaziabad. Learned Counsel for the revisionists submitted that the learned Magistrate has not applied his mind to the facts of the case and has taken cognizance of the offence by an order which has been passed without any application of mind to the material on record and hence the impugned order by which cognizance is taken is liable to be quashed.
(3.) PER contra learned AGA made his submissions in support of the impugned order.;