- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 302 of 2014 (Mohammad Usman Vs. Siftain Khan @ Sonu and another) under Sections 406, 467, 468, 471 I.P.C., P.S. Kotwali Orai, District Jalaun pending in the Court of Chief Judicial Magistrate, Jalaun at Orai as well as the summoning order dated 18.9.2015 passed in the aforesaid case. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) Heard Sri Sharib Salman Ahmad Ansari, learned counsel for the applicants and learned A.G.A. for the State.
(3.) It is submitted by the learned counsel for the applicants that no offence is made out against the applicants, as alleged in the complaint and in the summoning order. The case is covered under the provisions of section 210 Cr.P.C. An F.I.R. was also lodged for the same set of facts in which investigation is being made by the concerned police. The Magistrate concerned, without taking into consideration the legal provisions, passed the summoning order illegally. It was further submitted that since investigation is going on in the matter, the proceedings of the complaint case should be stayed till the submission of police report.;