Amar Singh Chauhan, J. - (1.) Sri Raja Singh, learned counsel for the applicants and learned AGA for the State are present. Mohd. Farooq is present on behalf of opposite party no. 2 and stated that he is ready to argue the case on behalf of opposite party no. 2. Therefore, the illness slip sent by Sri Kashif Gilani on behalf of opposite party no. 2 is declined to honour.
(2.) The applicants, Noor Mohammad and two others, through the present application under section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 11.6.2008, passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 14, Fatehpur in Case No. 215 of 2008 (Mumtaj vs. Prem Shankar and others) by which the applicants have been summoned under sections 420, 467, 468 IPC, Police Station Hathgaon, District Fatehpur and further prayed to stay the aforesaid proceeding.
(3.) Brief facts of the case giving rise to this application are that the opposite party no. 2 Mumtaj Husain moved an application under section 156(3) Cr.P.C. with the allegation that the complainant is the retired Lekhpal and on 19.10.2007 at 10.00 A.M. the Inspector Awadh Narayan Tiwari came to his house and took away his nephew Afsar Husain to the concerned police station where Prem Shankar son of Manmohan Prasad, Noor Ahmad son of Rahim Baksh, Mohd. Ahmad son of Noor Ahmad and Sultan Ahmad son of Abdul Subhan resident of Shahpur, police station Hathgaon, District Fathepur were present and after hatching conspiracy, the nephew of the complainant namely Afsar Husain caused to be detained in lock up of the police station and started to prepare a fake case against his nephew under pressure. The statement of the Prem Shankar was recorded with the effect that he is the sole son of Shanti Devi and Shanti Devi was the sister of Mathura Prasad whereas Shanti Devi has no concern with Mathura Prasad. Besides this, Prem Shankar was also not the son of Shanti Devi. As per kutumb register and voter list, the name of the mother is Kailasha Devi. The said Prem Shankar has also to occasioned to loose the case before Tehsildar and SDM and matter is pending before the Commissioner. In the same consequence, the statement of Sultan Ahmad also recorded by saying that Afsar Husain has also prepared a fake Will. The concerned SHO also build pressure upon the nephew to settle the dispute through compromise. With a above allegation FIR was also lodged. The I.O. after concluding the investigation submitted the final report in Case Crime No. 179 of 2007 under sections 467, 468, 420, 429, 120B, 182, 116 IPC against which the protest petition was filed with the allegation that I.O. did not record the statement of the witnesses which was produced by the complainant. On the basis of the averment made in the protest petition, the Chief Judicial Magistrate, Fathepur passed an order of rejection of the final report and summoned the applicant under sections 420, 467, 468 IPC.;