Anil Kumar Srivastava, J. - (1.) Heard Shri Girish Chandra Sinha, learned counsel for the petitioner, learned A.G.A. and perused the record.
(2.) This petition has been filed to quash the summoning order dated 16.11.2010 passed by the Additional Chief Judicial Magistrate, Court No.13, Pratapgarh in Case No.4798/13 wherein final report submitted by the police in case crime no.40/06, under section 323, 392, 504, 506 IPC read with section 3(2) (V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was rejected and cognizance was taken by the learned Magistrate.
(3.) Petitioner has challenged the summoning order dated 16.11.2010. Learned counsel for the petitioner contended that the petitioner has been falsely implicated due to political rivalry. He was not present at the spot, rather he was at Jabalpur when the alleged incident has taken place. Statement of his security guards were not read in correct perspective. He was provided security cover and the security personnels have given statement that he had gone to Jabalpur. Consequently, a final report was submitted, protest petition was filed by the opposite party no.2 which was on the basis of the protest petition. The final report was rejected and the petitioner was summoned to face the trial. Learned counsel contended that the plea has not been properly considered by the learned Magistrate.;