- (1.) The applicants by means of this application under section 482 Cr.P.C. have invoked the inherent jurisdiction of this court with prayer to quash the impugned order dated 14.2.2007 passed in Criminal Case arising out of Case Crime No. 45 of 2006, u/s 147, 323, 354, 504, 506 I.P.C. and 3(1)(x) SC/ST Act, P.S. Fatehpur, District Saharanpur, pending in the court of Judicial Magistrate III, Saharanpur, whereby the learned Magistrate, while allowing the protest petition has rejected the final report submitted by the police and has summoned the accused-applicants to face trial under the aforesaid sections.
(2.) Heard Sri Rajesh Kumar Singh, learned counsel for the applicants, learned AGA for the State and Mr. Mohd. Ayub, learned counsel for O.P. No. 2. Perused the record.
(3.) The main ground on which the learned counsel for the applicants has challenged the legality and correctness of the impugned order is that the learned Magistrate, without adopting the proper procedure prescribed under section 190 Cr.P.C., has summoned the applicants, therefore, the impugned order is liable to be quashed. In support of his contention the learned counsel for the applicants has placed reliance on the following judgments of this court Surya Bhan Vs. State of U.P. and others, 2007 1 JIC 784 and Mohd. Yusuf and others Vs. State of U.P. and another, 2008 1 JIC 128.;