JUDGMENT :

Vikas Kunvar Srivastav, J.

The application in hand is moved under section 482 of Criminal procedure code, 1973 by learned counsel Sri Mohammad Aslam Beg on behalf of applicants accused involved in Case crime no.867/2016 under Sections 147, 323 I.P.C. & Section 3(1)(10) SC/ST Act, Police Station - Kakori, District Lucknow. The applicant seeks relief, praying to,

"quash impugned summoning order dated 17.01.2017, and charge sheet dated 06.12.2016 bearing charge sheet No.90 of 2016 in S.T No.22 of 2017 case crime No.867 of 2016 Under Section 147, 323 IPC and Section 3(1)(X) SC/ST Act Police Station Kakori District Lucknow State of U.P. Versus Sukhveer Singh and others passed by Special Judge (SC/ST Act) District-Lucknow contained in Annexure No.1 and 2 to this petition respectively."

2. Briefly stating, the prosecution story as revealed from the FIR is that the informants, Chandrika, Jitendra, Mahesh, Chandrani and Kiran belonging to the class of people falling under the scheduled castes allege that an old Naala (water channel) was passing nearby their agricultural field becomes blocked while making the Agra Expressway.

3. The fact of obstruction in the water channel was complained by the informants to the higher officials. After the local inspection on the direction of officers, the Nala was dig open and obstruction in flow of water was removed. After two days angered there by Sukhveer Singh (present applicant), Ram Singh and Rajkumar, Shivbaran, Alok, Satish Kumar Singh came along with their companions and began to ran beat the informant in their field and made them badly injured.

4. Heard the learned counsel for the applicant and the Learned AGA appearing on behalf of the state opposite parties. Perused the materials available on record.

5. The scope and circumstances for exercising the extraordinary power by the court under Section 482 Cr.P.C. is explained in para 23 and 24 of judgment of Hon'ble Apex Court in the case of Inder Mohan Goswami Vs. State of U.P.,2012 SCC 1, which reads as under:-

"23. This court in a number of cases has laid down the scope and ambit of courts powers under section 482 Cr.P.C. Every High Court has inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent abuse of the process of the court. Inherent power under section 482 Cr.P.C. can be exercised:

(i) to give effect to an order under the Code;

(ii) to prevent abuse of the process of court, and

(iii) to otherwise secure the ends of justice.

24. Inherent powers under section 482 Cr.P.C. though wide have to be exercised sparingly, carefully and with great caution and only when such exercise is justified by the tests specifically laid down in this section itself. Authority of the court exists for the advancement of justice. If any abuse of the process leading to injustice is brought to the notice of the court, then the Court would be justified in preventing injustice by invoking inherent powers in absence of specific provisions in the statute."

6. The grounds set forth in application, upon which the relief to quash the charge-sheet and summoning order issued by Magistrate as pleaded by the applicants are:-

(a) because impugned summoning order dated 17.01.2017 is illegal and arbitrary and against provision of law.

(b) because impugned summoning order dated 17.01.2017 passed by learned court below is not only against provisions of law but also against the principle of natural justice.

(c) Because on 17.01.2017 learned court below passed summoning order in illegal and arbitrary manner without considering facts and circumstances of the case and without considering evidence on record.

(d) because police with collusion of the opposite party no.2 submitted charge sheet against the petitioners without collecting any material and evidence, in case crime No.867 of 2016 under Section 147, 323 IPC and Section 3(1)(10) SC/ST Act, Police Station Kakori, District Lucknow.

7. The offences ar