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2021 Supreme(All) 330

VIKAS KUNVAR SRIVASTAV
Babu @ Naseem – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For The Appellant : Sheikh Mohammad Ali
For The Respondent: G.A.

JUDGMENT :

Vikas Kunvar Srivastav, J.

1. The case is called out.

2. Learned counsel for the applicants Sri Sheikh Mohammad Ali, Advocate and learned A.G.A. for the State are present in the Court.

3. The present application under Section 482 Cr.P.C. is moved on behalf of accused-applicants with following prayer:-

    "That by means of the instant petition petitioners are challenging the impugned summoning order dated 16.9.2020 passed by Additional Civil Judge (J.D.)/Judicial Magsitrate-II, Bahraich in Criminal Case No.9645/2020, State Versus Babu @ Naseem and others, relating to case crime no. 204/2020, under Sections 323, 504, 506, 452, 325 of I.P.C. at police station Huzurpur, District Bahraich by means of which the petitioners have been summoned to face the trial on the basis of false and concocted story and also against the charge sheet dated 11.6.2020."

4. On perusal of record, it seems that vide order dated 16.09.2020, learned Additional Civil Judge (J.D.)/Judicial Magsitrate-II, Bahraich purported to have taken cognizance of offence and issued summons, fixing 13.10.2020, to the accused. It is obvious from the face of the summons that it is a typographical format having several blanks

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