- (1.) This proceeding, under Section 482 of Criminal Procedure Code, 1973 (hereinafter, in short, referred to as ' Cr.P.C .'), by Guru Bachan Singh @ Bhangadi, Guru Dev Singh @ Dadua and Durvijay Singh @ Natiya, with a prayer for quashing of the impugned summoning order, dated 16.9.2019, passed by the Chief Judicial Magistrate, Farrukkhabad, in Case No. 316 of 2018, under Section 419 , 465 , 466 , 468 , 471 and 120B of Indian Penal Code (In short, hereinafter, referred to as ' IPC '), Police Station-Kotwali Fatehgarh, District-Farrukkhabad, and, thereby, quashing of entire proceeding of aforesaid case.
(2.) Learned counsel for applicants argued that the impugned order was passed on the basis of report and its registration, in an enquiry, under Section 370 of Cr.P.C., and this was with no reason, fact or appreciation of enquiry made by the learned Special Judge. Applicants have been summoned, for offences, punishable, under Sections 419 , 465 , 466 , 468 , 471 and 120B of IPC for alleged deceit and fabrication of surety bond for which a previous enquiry was pending before the court. Moreso, an Appeal, before this Court, under Setion 343 of Cr.P.C ., being Criminal Appeal No.1555 of 2018, Guru Bachan Singh and others vs. State of U.P. and another , has been filed, wherein, this Court, vide order, dated 21.3.2018, had admitted Appeal for hearing, while, calling for a counter affidavit, to be filed, and the said Appeal has yet not been decided. Hence, as per sub-section (2) of Section 343 of Cr.P.C., it was incumbent upon the Magistrate to wait till out-come of the Appeal and till then, above proceeding ought to have been stayed, but, straightaway, impugned order has been passed by taking cognizance in it. Thus, it was misuse of process of law and irregularity, apparent on the record. Hence, this Application, under Section 482 of Cr.P.C., with above prayer.
(3.) Learned AGA, representing State of U.P., has vehemently opposed this Application.;