S.C.AGARWAL, J. - (1.) HEARD Sri Manish Tiwary, learned counsel for the applicants and learned AGA for the State.
(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 28.9.2010 passed by the Chief Judicial Magistrate Bareilly in Criminal Misc. Case No. 312 of 2007, under Sections 307, 323, 384, 506, 147 IPC, P.S. Baradari, District- Bareilly whereby the final report submitted by the police was rejected and on the basis of protest petition filed by opposite party no. 2, the cognizance was taken and the applicants were summoned to face trial.
(3.) LEARNED counsel for the applicants submitted that the Magistrate acted illegally on taking cognizance on the basis of affidavits submitted by the witnesses.;