- (1.) This application u/s 482 of Cr.P.C. has been filed on behalf of applicants seeking the quashing of summoning order dated 30.3.2016 passed by learned Chief Judicial Magistrate, Muzaffar Nagar as well as entire criminal proceedings of Criminal Case No.2666/9 of 2016 (State vs. Vishal and others) u/s 498A/323/506 I.P.C. and 3/4 D.P. Act pending in the Court of learned Chief Judicial Magistrate, Muzaffar Nagar.
(2.) Heard learned counsel for the applicants and learned A.G.A.
(3.) Submission of counsel for the accused-applicants is that the order taking cognizance and issuing summons against the applicants dated 30.3.2016 being an order without reasons is bad in the eyes of law as it would reflect non application of mind and therefore is liable to be quashed. It has also been argued on behalf of applicants that the perusal of record of investigation goes to show that the entire allegations made by the opposite party no.2 are false and incorrect and the applicants have been falsely implicated in order to exert pressure upon them and hence entire proceeding is also liable to be quashed. Learned counsel for applicants has argued that the impugned order dated 30.3.2016, whereby the court below has taken cognizance and has issued summons to the applicants, also reflects non application of mind as it has been passed on a printed proforma. In support of his contention, learned counsel for applicants has relied upon one unreported judgment dated 16.3.2016 passed by another Bench of this Court in Criminal Revision No.5602 of 2010 (Yogendra Kumar Jain vs. State of U.P. and others). Reliance has also been placed on Fakhruddin Ahmad vs. State of Uttaranchal, 2008 LawSuit(SC) 1361.;