Yogesh Chandra Gupta, J. - (1.) HEARD learned counsel for the applicants, learned A.G.A. and perused the record. The accused -applicants, through the present application under Section 482, Cr. P.C., have invoked the Inherent Jurisdiction of this Court with the prayer to quash the entire proceedings of Criminal Case No. 1913 of 2010. State v. Dhoop Narayan and others, pending in the court of C.J.M., Ambedkar Nagar and the order dated 18.5.2010, passed therein summoning the applicants for facing trial in the aforesaid case.
(2.) IN short, one Parasnath (O.P. No. 3) moved an application under Section 156 (3). Cr. P.C. before the C.J.M., Ambedkar Nagar stating therein that his wife Smt. Phoolwati is a mentally disturbed lady and the accused Dhoop Narayan and others taking advantage of her illness dishonestly induced her to execute bainama of her land in their favour without any consideration. Thus, the accused persons committed forgery and cheating with the complainant and his wife. Pursuant to the order passed on the said application by C.J.M., a case at Crime No. 109 of 2006 under Sections 419, 420, 467, 468 and 506, I.P.C. was registered against the accused -applicants at P.S. Jaitpur district Ambedkar Nagar. The matter was investigated. On completion of investigation, the police forwarded final report to the effect that during investigation no case was made out against the accused persons. Feeling aggrieved, complainant Parasnath filed objections in the form of a protest petition against the final report. It transpires from the record that alongwith the protest petition, complainant Parasnath filed his own affidavit and the affidavits of his witnesses. The learned Magistrate on the basis of protest petition and affidavits filed in support thereof came to the conclusion that the statements of witnesses recorded under Section 161, Cr. P.C. were supported by the affidavits filed alongwith the protest petition, therefore, there was sufficient ground to proceed against the accused persons and accordingly taking cognizance under Section 190 (1) (b), Cr. P.C. by order dated 18.5.2010 summoned the accused/applicants to stand their trial under the aforesaid sections. It is in this back -drop of the facts that the applicants are before this Court seeking quashing of the summoning order dated 18.5.2010 and the entire proceedings of criminal case as aforesaid.
(3.) THE main contention raised on behalf of the applicants is that the learned Magistrate, without holding any enquiry under Sections 200 and 202. Cr. P.C. as required upon the original complaint or protest petition treating the same as complaint, has taken cognizance in the case as if on police report on the basis of protest petition and the affidavits filed in support thereof, which were not the part of the final report and by his order dated 18.5.2010 has Issued process against the applicants for trial which is against all legal norms and settled principles of law and procedure, therefore, is invalid and is liable to be quashed.;