- (1.) This Criminal Misc. Writ Petition No.5935 of 2014 under Article 226 of the Constitution of India has been filed by accused petitioners Narendra Mishra, Awadhesh Mishra and Pushpa Devi to issue a writ, order or direction in the nature of certiorari for quashing the summoning order dated 16.11.2012 passed by learned Additional Chief Judicial Magistrate, Court No. 19, Deoria as well as revisional order dated 9.1.2014 passed by learned Additional Sessions Judge/Special Judge, SC/SC Act, Court No.3, Deoria.
(2.) Caveat was filed in this matter and learned counsel for the complainant/opposite party no. 2 Prabhu Dutta Tiwari is present throughout. He has already put in his appearance in this matter earlier in this Court.
(3.) The perusal of the record shows that a criminal complaint was filed before the court of Additional Chief Judicial Magistrate, Court No.19, Deoria by opposite party no. 2 Prabhu Dutta Tiwari against five accused persons to issue process under Section 204 Cr.P.C. to face trial for the offence punishable under Sections 419, 420, 468, 471, 120-B of I.P.C.;