VEDPAL, J. - (1.) THIS petition under Sec­tion 482, Cr.P.C. has been filed by the pe­titioners for quashing the summoning or­der dated 28-8-2008 passed by the learned A.C.J.M., District Pratapgarh in Complaint Case No. 1483 of 2008 under Sections 379, 147, 323, 504, 506, I.P.C. and under Section 3 (i) (x) of the SC and ST Act.
(2.) NOTICE on behalf of the opposite party No. 1 has been accepted by the learned A.G. A. Heard learned Counsel for the pe­titioners as well as the learned A.G.A. for the State.
(3.) LEARNED Counsel for the petition­ers submitted that the petitioner Chotey lal had filed a civil suit for permanent in­junction and a complaint against Chotey Lal Saroj and Ors. for the offence punish­able under Sections 147, 148, 323,504,506, 427 and 452, I.P.C. which was numbered as complaint case No. 110/2008 and wherein accused persons were summoned on 15-4-2008. That as a counter-blast, the opposite party No. 2 Chotey lal Saroj filed the complaint Case No. 1483/2008 under Sections 379,147, 323, 504,506, I.P.C. against the petition­ers on false ground with mala fide inten­tion and it is wrong to allege that the peti­tioners had ever abused Chotey lal or had ever committed theft or had damaged the watch of Chotey lal. That Shri Nanhey lal who was examined as witness under Section 202, Cr.P.C. in support of the com­plainant had given an affidavit to the ef­fect that his statement was never recorded in the Court and his signature was ob­tained on a blank paper fraudulently by Shri Ajit Kumar Singh, Advocate who be­longs to his village and utilised the same to prepare his statement under Section 202, Cr.P.C. That the learned Magistrate had not considered the case properly and has summoned the petitioners to face trial in an arbitrary manner and as such the said complaint is liable to be quashed, learned Counsel for the petitioner relied on the case of Zandu Pharmaceuticals Works Ltd. and Ors. v. Mohd. Sharaful Haque and Anr., 2005(2) JIC 188 (SC) : 2005 SCC (Cri) 283.;