- (1.) VIRENDRA Saran, J. Heard learned Counsel for the applicant and the learned State Counsel.
(2.) ALIM and Wasid have filed this application for quashing the order, dated 8-7-1997 passed under Section 319, Cr. P. C. by the learned Addl. Chief Judicial Magis trate, Hardoi summoning the applicants for offences under Sections 147/148/149/124/323/504, IPC in respect of Crime No. 129 of 1994 of P. S. Kasimpur, District Hardoi. It appears that in the FIR the appli cants were already named alongwith five others. However the police charge-sheeted only five accused. I have given my careful considera tion to the material placed on record. In the peculiar circumstances of the case, I am of the view that summoning of the applicants on the basis of mere examination-in-chief of PW-1 Mohd. Ismail was not proper and the learned Magistrate should have waited and passed orders after cross-examination of the witness.
(3.) ACCORDINGLY, I quash the impugned order, dated 8-7-1997 of the learned Addl. Chief Judicial Magistrate Hardoi, It shall be open to the learned Magistrate to sum mon the applicants afresh after cross-examination of the witness is over. How ever, the learned Magistrate shall apply his mind before summoning the appli cants. In case, any process has already been issued including the warrants same shall not be executed in view of the fact that the order on the basis of which proc ess has been issued has been quashed. The application is allowed. Application allowed. .;