- (1.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(2.) This application under section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the order dated 21.11.2014 passed by Special Judge (D.A.A.), Budaun in Special Trial No.142 of 2014 (Shanti Devi Vs. Rajendra and others) arising out of criminal misc. case no. 349 of 2013 under section 392 IPC, Police Station Kotwali, District Budaun pending in the Court of Special Judge (D.A.A.), Budaun as well as the entire proceedings of the aforementioned case.
(3.) Submission of the learned counsel for the applicants is that at the stage of evidence under section 202 Cr.P.C., the Magistrate concerned recorded the statement of a witness as court witness and the law does not permit the Magistrate concerned dealing with the complaint to record the statement of a witnesses as court witness. It was further submitted that the summoning order passed on the basis of evidence described above is not admissible in evidence. In support of his contention, learned counsel has referred to the law laid down by this Court in the case of Raees Ahmed and Others Versus State of U.P. and Others,2007 3 JIC 13.;