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2011 Supreme(All) 850

SHRI NARAYAN SHUKLA
MOHO. SAYEED – Appellant
Versus
STATE OF U. P. – Respondent


Advocates appeared:
Counsel for the State: Rajendra Kumar Dwivedi, A.G.A.

JUDGMENT

SHRI NARAYAN SHUKLA, J.-Since common question of fuel and law are involved in both petitions, the same are being decided by• a common judgment and order.

2. Heard learned Counsel for the petitioners and Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

3. The petitioner of Criminal Misc.

Case No. 1191 of 2011 (under section 482 Cr.P.C.) has challenged the summoning order dated 10.6.2010 issued by the 1st Additional Chief Judicial Magistrate, Kheri in Case No. 163 of 2010, mainly on the ground that the same is without application of mind, therefore it is unsustainable in the eyes of law. The petitioners of Criminal Misc. Case No. 1205 of 2011 (under section 482 Cr.P.C) has also challenged the order dated 6.12.2010 passed by the Chief Judicial Magistrate, Unnao in Misc. Crimina) Case No. 11201 of 2010.

4. Learned Counsel for the petitioners submits that the Magistrate was obliged to record his satisfaction for taking cognizance in the matter, but it has not been done so far. The summoning order dated 10.6.2010 passed by the Court below is reproduced hereinunder -

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