- (1.) Heard learned counsel for the applicants, learned A.G.A. for State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the Complaint Case No. 2850 of 2013 (Rajbanshi Vs. Jai Prakash and others) under Section 323, 504, 506, 435 IPC and 3(1) 10 SC/ST Act, pending in the Court of Judicial Magistrate, Court No. 11, Deoria.
(3.) Submission of the learned counsel for the applicants is that N.C.R. were lodged on behalf of both the parties. In both the N.C.R. investigation is going on. Complaint was filed on behalf of opposite party no. 2 for the same set of facts and applicants were summoned on the basis of evidence adduced in the complaint. Revision was filed. The revisional court allowed the revision and remitted back the matter to the court concerned for hearing afresh. The court concerned after hearing the complainant-opposite party no. 2 passed the summoning order against the applicants to face the trial for the offences under Section 323, 504, 506, 435 IPC and 3 (1) 10 SC/ST Act. It was further submitted that complaint was barred as the investigation was going on. It was next contended that the complainant had changed the version in the complaint. The court concerned did not consider all these facts in right perspective and illegally summoned the applicants as above. It was further submitted that applicant no. 2 was out of country. No offence as alleged in the complaint and in the summoning order are made out against the applicants. Further submission is that concerned Magistrate ought to have post-phoned the proceedings of the complaint till submission of the police report.;