Judgment

Adarsh Kumar Goel, J.

1. The appellants have called in question the order dated 6th July, 2009 of the High Court of Judicature, Allahabad, Bench at Lucknow in Criminal Miscellaneous Case No.2428 of 2009. Thereby, the High Court declined to interfere with the order of summoning and to quash the complaint dated 3rd May, 2008 registered as Criminal Complaint Case No.1066 of 2008 under Section 307 of the Indian Penal Code, P.S. Atrauli, District Hardoi, pending in the Court of Judicial Magistrate-II, Hardoi. According to the appellants, the complaint and the proceedings were gross abuse of process of the Court having been filed after gross delay of 16 years after the incident.

2. The incident in question took place on 11th February, 1992. In respect of the said incident, there were two cross cases being Crime Case No.37/92 under Section 307 IPC registered against the appellants, and Crime Case No.37A/92 under Section 307 IPC registered at the instance of the appellants at Police Station Atrauli, District Hardoi. The investigating Agency charge sheeted respondent No.2, which gave rise to Session Trial Case No.760 of 1995. After trial, respondent No.2 and three others were convicte