- (1.) This application under Section 482 Cr. P.C. has been filed with the prayer to quash the order dated 13.8.2015 passed by the Additional Sessions Judge,Court No. 8, Mathura in Criminal Revision No. 350 of 2014 (Raju and others Vs. State of U. P. and another) and the summoning order dated 20.8.2014 passed by the Additional Chief Judicial Magistrate, Court No. 3, Mathura in complaint case no. 554 of 2012 (Jagdish Vs. Raju and others) under Section 147, 148, 149, 323, 452, 504, 506, 427 IPC, P. S. Raya, district Mathura.
(2.) Submission of the learned counsel for the applicants is that final report was submitted in the matter which was accepted by the court concerned. Thereafter complaint was filed on the basis of same set of facts in counter blast to the F.I.R. lodged by the applicants for which charge sheet has been submitted against the opposite party no. 2. It was further submitted that concerned court while passing the summoning order did not consider the report of the investigating officer made in the final report. At this stage learned counsel for the applicant placed reliance on the law laid down by the Lucknow Bench of this Court in Raees and others Vs. State of U. P. and another, 2014 1 JIC 563.
(3.) Learned A.G.A. opposed the submission of the learned counsel for the applicants and argued that the complaint is not barred. Provision of Section 210 (2) Cr.P.C. apply only when the charge sheet has been filed in the matter or court has taken cognizance on the police report.;