Hon’ble Shri Kant Tripathi, J.—This is a petition under Section 482 of the Code of Criminal Procedure (in short “the Code”) for quashing the charge-sheet filed in Case Crime No. 15 of 210, under Sections 420 and 406 IPC, P.S. Civil Lines, District Moradabad.

2. Heard learned counsel for the petitioner and the learned AGA for the State and perused the record and also the summoning order dated 3.6.2010.

3. The learned counsel for the petitioner submitted that the learned Magistrate has not applied his mind to the facts and circumstances of the case before taking cognizance of the aforesaid offences and issuing processes to the petitioner.

4. The learned counsel for the petitioner submitted in the aforesaid order, the Magistrate indicated that he has received the charge-sheet under Sections 420 and 406 IPC against the petitioner. He further indicated that the cognizance was taken and directed the office to register the case and issue processes to the petitioner. The learned counsel for the petitioner further submitted that the learned Magistrate no where specified in the summoning order dated 3.6.2010 that he perused the police report (charge-sheet) and the statements of the w