- (1.) The applicants by means of this application under section 482 Cr.P.C. have prayed to quash the order dated 24.2.2016 passed by learned Additional Sessions Judge, Court No. 11, Saharanpur, in Criminal Revision No. 357 of 2014, confirming the order dated 21.5.2014 passed by the learned Special Judicial Magistrate, Court No. 28, Saharanpur, in Complaint Case No. 1913 of 2013, Hemant Kumar Vs. Narendra Singh, whereby, on the application moved by O.P. No. 2 under Section 319 Cr.P.C., the applicants have been summoned to face trial under Sections 504 and 506 I.P.C.
(2.) Heard learned counsel for the applicants and learned A.G.A. Perused the record.
(3.) Learned counsel for the applicants has contended that O.P. No. 2 filed a false Complaint Case No. 1913 of 2013, under sections 420, 323, 504, 506, 120B I.P.C. against the applicants and their sons. After examining the witnesses under sections 200 and 202 Cr.P.C. the learned Magistrate vide its order dated 23.2.2013, summoned only their sons. However, during trial when the complainant was examined and she stated against the applicants too, they were summoned under section 319 Cr.P.C. by the learned trial court vide impugned order dated 21.5.2014 to face trial under sections 504 and 506 I.P.C. along with the other co-accused. Against the aforesaid order dated 21.5.2014, the applicants filed Criminal Revision No. 357 of 2014 before the learned Additional Sessions Judge, Saharanpur, but the lower revisional court too, without keeping in view the fact that the applicants were not summoned in the complaint even though the allegations made in the application under section 319 Cr.P.C. and in the statements recorded under sections 200 and 202 Cr.P.C., were almost the same, mechanically dismissed the revision by the impugned order dated 24.2.2016.;