Vijay Prakash Pathak, J. - (1.) The present petition has been filed with the prayer to quash the charge sheet submitted in case Crime No. 554/12(Case No. 308 of 2012) u/s 498A IPC and 3/4 D.P. Act P.S. Karimuddinpur District Ghazipur in which cognizance has been taken by the learned Magistrate vide order dated 3.10.2012.
(2.) Heard learned counsel for the applicant as well as learned AGA for the State.
(3.) Learned counsel for the applicant has mainly contended that the learned Magistrate has taken cognizance in the case without perusing the case diary and applying his mind. It is submitted that according to the order impugned dated 3.10.2012, the charge sheet was received from the office of C.O., cognizance taken, court is vacant. Let the case be registered and summons be issued against the accused and the file was sent to prepare the copies. It is submitted that the learned Magistrate has not perused the charge sheet and other materials including case diary of the case. Hence the order of taking cognizance and issuing summons is against the legal procedure. In support of his contention he placed reliance upon the decision of this court given in Akash Garg v. State of U.P. and others [2012(76) ACC 103] .;