K.L. Sharma, J. - (1.) This is a petition under Section 482, Cr.P.C. for quashing the proceeding in complaint case No. 173 of 1993, Sunil Kumar Bansal v. Hari Om Sharma and others pending in the court of Special Judge (D.A.A.) Agra.
(2.) I have heard Sri Vinod Kumar Sharma learned Counsel for applicants as well as counsel for opposite party No.2 and perused the material brought on record.
(3.) The applicants have been released on bail in crime No. 428-A of 1993 under Sections 147, 435 Indian Penal Code but on the complaint filed by the opposite party No. 2, the applicant has been summoned for the offence under Section 395, Indian Penal Code also, which is a cross case of crime No. 428 of 1993. In the counter affidavit it has been disclosed that the charge sheet in the cross-case No. 428-A has been submitted by the police for the offence under Sections 147, 435, Indian Penal Code and not in the offence under Section 395, Indian Penal Code. There is no ground to interfere with the summoning order and applicants should appear before the Court. The learned counsel for the applicants has submitted that the applicants have not misused the ball for the offence under Sections 147, 435, I.P.C. They may be 'Permitted to file fresh bail bonds for the newly added offence under Section 395, I.P.C. on the basis of the complaint filed by the opposite party No.2.;