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2008 Supreme(All) 994
[2008(6) ADJ 69 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : R.K. RASTOGI, J.
LALIT KUMAR TIWARI AND ANOTHER ....Applicants
Versus
STATE OF U.P. AND OTHERS ....Opposite Parties
(Criminal Misc. Application No. 6072 of 2008, decided on 23rd April, 2008)
Advocates:
Counsel:
Dharmendra Vaish for the Applicants; P.K. Srivastava, A.G.A. for the Opposite Parties.
Counsel:
Dharmendra Vaish for the Applicants; P.K. Srivastava, A.G.A. for the Opposite Parties.
Headnote:Criminal Procedure Code, 1973—Sections 482, 200, 202 and 203—Complaint—Summoning order—Quashing of—Applicants/Bank Officers lodged report against opposite party No. 2 and his brother and five unknown persons—Police submitted charge-sheet after investigation—Thereafter, complaint filed by them—Which was rejected by Courts below—They filed petition under Section 482 of Cr.P.C. before High Court—Direction issued to Magistrate to pass a fresh order in accordance with provision of law—Thereafter, Magistrate passed impugned summoning order against present applicants—Held, there was no direction to pass summoning order—And Magistrate passed impugned order without recording finding to that effect—Summoning order cannot be upheld. Application Allowed.
