- (1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing the summoning order dated 10.2.2011 passed by the Magistrate in Complaint Case No.4015 of 2010 under Sections 323, 384, 504 I.P.C. and the revisional order dated 21.6.2012 passed by the learned Addl. District Judge, Gonda in Criminal Revision No.74 of 2004.
(2.) A private complaint was lodged by the respondent no.2 on 26.10.2010 under Sections 323, 384, 504 I.P.C. wherein the summoning order dated 10.2.2011 was issued which was put to challenge in revision by the applicants which was dismissed way back on 21.6.2012.
(3.) Contention of the applicants is two fold - firstly, that in the absence of the statutory sanction required under Section 197 Cr.P.C., they being public servants, the issuance of the summoning order was apparently illegal and the revisional court erred in holding that the said provision was not attracted in the facts of the case. Secondly, the complaint was mala fide only to harass the applicants, as the applicant no.1 was the investigating officer in the criminal cases lodged against the respondent no.2's brother.;