- (1.) Heard learned counsel for the petitioners, learned AGA and perused the record.
(2.) This petition under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of the Criminal Misc. Case No.1768 of 2015 (State vs. Aquil Ahmad and others) pending in the court of Chief Judicial Magistrate, Barabanki [arising out of Case Crime No.845 of 2013 under sections 147, 323, 504, 506 (452 IPC added during investigation), P.S. Kotwali City, District Barabanki including the order dated 28.05.2015 passed by the Chief Judicial Magistrate, Barabanki in Criminal Misc. Case No.1768 of 2015 (State vs. Aquil Ahmad and others).
(3.) Learned counsel for the petitioners has submitted that the aforesaid summoning order dated 28.05.2015 has been passed without application of mind. Therefore, the said order cannot be justified. It has also been submitted that the learned magistrate has not applied his mind because the charge-sheet was filed for the offence punishable under section 506 IPC also but no cognizance has been taken for the offence punishable under section 506 IPC. It has also been submitted that on one hand, the learned magistrate has stated that the accused persons have not been bailed out but on the other hand, the notices to the sureties have also been issued, which goes to show that the learned magistrate has not applied its mind. It has also been submitted that the said order is a rubber stamped order and the rubber stamped order cannot be passed by any judicial officer. Therefore, all the proceedings of Criminal Misc. Case No.1768 of 2015 (State vs. Aquil Ahmad and others) pending in the court of Chief Judicial Magistrate, Barabanki regarding the Case Crime No.845 of 2013 should be quashed.;