- (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the order dated 22.9.2015 passed by Addl. District & Sessions Judge, Court No.5, Bijnor in revision no. 153 of 2015 (Sabir & others Vs. Mohd. Irfan and another) as well as order dated 7.4.2014 passed by Additional Chief Judicial Magistrate-I, Bijnor in case no.326 of 2013 ( Mohd. Irfan Vs. Sabir & others). Further prayer has been made to stay the effect and operation of the impugned orders.
(3.) Submission of the learned counsel for the applicants is that initially the matter was investigated, in which, police after investigation, submitted the final report. The opposite party no.2 filed the complaint on the basis of same set of evidence on 27.5.2013. Summoning order was passed by the Magistrate concerned against the applicants. The applicants had challenged the summoning order in the criminal revision, which was dismissed on 22.9.2015 on the basis of insufficient ground. It was further submitted that since the final report was submitted, the complaint filed subsequent thereof is barred by law. Complainant had opportunity to file the protest petition in the final report, but the court concerned did not take into account this aspect of the matter and illegally taking cognizance summoned the applicants. Learned counsel for the applicants has also placed reliance on the case law of this Court in support of his contention.;