- (1.) Defect pointed out by the office is waived. Let leave to appeal be registered on regular number. Heard learned counsel for the applicant-appellant and perused the judgment and order impugned.
(2.) Learned counsel for the applicant-appellant has relied on a decision of this Court in Raj Kumar & Ors. Vs. State of Rajasthan, 1985 R.C.C., 89. Having considered the totality of facts and circumstances of the case, I think it a fit case to grant leave to appeal to this Court.
(3.) Accordingly, the leave to appeal to this Court is granted. The memo of leave to appeal be treated as memo of appeal. Let the appeal be registered on regular number. Appeal is admitted. Accused respondents Vikesh Kumar Agarwal S/o Srigopal Agarwal and Bhawani Shanker Pediwal S/o Srikishan Pediwal be summoned by bailable warrant of Rs.5,000.00 each for their appearance before this Court on 10/7/2006 and as and when called upon to do so.;