- (1.) Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash/set aside the summoning order dated 02.12.2015 in Criminal Complaint Case No. 5327 of 2015 (State Vs. Ashfaq Ahmad and others) under Section 145, 146, 147 of the Railways Act, 1989, Police Station G.R.P. Kanpur Central, District Kanpur Nagar, pending in the court of A.C.J.M. (Railway), Allahabad.
(3.) Submission of learned counsel for the applicants is that offence under Section 145, 146 and 147 of the Railways Act, 1989 are not attracted against the present applicants. Summoning order against the applicants has been passed on the basis of in-admissible evidence. It was further argued that regarding same offence an F.I.R. had been lodged in which charge-sheet has been filed and cognizance has been taken, therefore, court below ought to have proceeded in the matter taking recourse of the proviso under Section 210 (2) Cr.P.C.;