( 1 ) THIS is a criminal revision under sections 397/401 of the Code of Criminal Procedure 1973 (for short the Code) filed against the order dated 5th January, 1987 passed by the I Additional Munsif-Magistrate, Mirzapur to quash the order summoning the accused for the offences under sections 147, 148, 436, 323, 429, 504 and 506 (2) I. P. C. by issuing a non-bailable warrant. 2. The facts of the case lie in a narrow compass and they are these. Against the applicants a first information report was lodged disclosing the offence under the aforesaid sections. But according to the complainant, the opposite party No. 2, the police did not record the first information report and at the instance of the Superintendent of Police, Mirzapur in the Police Station Kotwali Dehar, the report was entered and the injured persons were examined. But the local police did not take interest and ultimately final report was submitted. Consequently the complaint was filed by opposite party No. 2 against the applicant making allegations about the offence under the aforesaid sections. As many as eleven prosecution witnesses were examined in accordance with the list of the witnesses given by the