- (1.) Heard the learned counsel for the applicants, leaned A.G.A. and perused the record.
(2.) This petition has been filed by the applicants for quashing the order dated 7.5.2011 passed by the Chief Judicial Magistrate, Hathras in complaint Case no. 209 of 2011, under Sections 420, 323, 504 and 506 I.P.C., police station Kotwali, Sikandrarao, district Hathras whereby the applicants have been summoned.
(3.) It is contented by the learned counsel for the applicants that a complaint was lodged against the applicants on 24.1.2011 by the opposite party no.2 with the allegations that certain papers were got signed from the mother of the opposite party no. 2 who is aged about 90 years by the applicants on the pretext that she will get pension but the said papers were not submitted before the pension office. The complainant when obtained questionnaire from the Registrar office came to know that the applicants had committed fraud upon his mother who is an illiterate lady and had surreptitiously got their names mutated in the revenue record. The mother of the opposite party no. 2 went to inquire about the pension papers the applicants have beaten her. On the basis of the statements of the complainant/opposite party no.2 recorded under Section 200 Cr.P.C. and the two witnesses, namely, Triveni and Netra Pal recorded under Section 202 Cr.P.C. the court below has found that prima facie offence is made out against the applicants and has passed the summoning order dated 7.5.2011 directing the applicants to appear before the court.;