Saurabh Shyam Shamshery, J. - (1.) Applicants have approached before this Court by way of filing instant Criminal Misc. Application u/s 482 Cr.P.C. for quashing of impugned order dated 19.2.2018 passed by learned Additional Chief Judicial Magistrate, Room No.10, Allahabad in Criminal Case No.634 of 2018 (State vs. Santosh Kumar and Others) whereby he has issued summons to the applicants after taking cognizance on charge-sheet submitted by Police under Section 323/504 IPC arising out of NCR No. 54 of 2015, Police Station Utraon, District Allahabad.
(2.) The order states that :- ...[VERNACULAR TEXT OMITTED]...
(3.) Learned counsel for the applicants has submitted that as the charge-sheet is submitted for non-cognizance offences (Sections 323/504 IPC), therefore, it shall be deemed to be complaint under explanation to Section 2 (d) of Cr.P.C. Hence, the order of cognizance as well as summoning order, as a State case, is not a correct procedure and, therefore, the order of cognizance and summoning order is liable to be quashed.;