JUDGMENT :

1. Heard learned counsel for the applicants through video conferencing, learned AGA for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed for quashing of the criminal proceedings in pursuance of the charge-sheet dated 19.03.2020 as well as cognizance order dated 08.05.2020 passed by learned Additional Chief Judicial Magistrate-I, Mainpuri in Case No. 2212 of 2020 (State Vs. Surendra Kumar) arising out of Case Crime No. 086 of 2020, under Sections 323, 504, 506 I.P.C., Police Station-Kuraoli, District-Mainpuri, pending in the Court of learned Additional Chief Judicial Magistrate-I, Mainpuri.

3. Learned counsel for the applicants submit that on 12.03.2020 respondent no.2 lodged an F.I.R. against the applicants for an incident alleged to have taken place on 11.03.2020 which was registered as case crime no.0086/2020, under Sections 452, 323, 504, 506 I.P.C., Police Station Kuraoli, District Mainpuri.

4. As per the prosecution version of the F.I.R, on 11.03.2020 at about 7:30 p.m., when wife of the informant was cooking food, Surendra Kumar and Sonpal son of Nekram, Sanju son of Vijaypal and Vijaypal son of Sardar Singh of the same village as the informant who were armed with lathi and danda reached the place of informant's wife and started hurling abuses and also beaten her. Accused- Vijaypal who was armed with axe attacked on the head of informant's wife upon which blood was bleeding out from her head and when the informant's elder daughter namely Shivani reached there for solving the matter, accused-Surendra and Sonpal started beating to the informant's daugher and wife by lathi and danda as a result both have sustained serious injuries. Also, informant's younger daughter, Rosni who was playing outside from her house when she reached the house, Sanju who was standing near the door, picked her up and slammed as a result she sustained serious injuries. Thereafter, the aforesaid accused, Sanjay flew away from the place of occurrence with dire consequences, if informed to police about the aforesaid incident.

5. Learned counsel for the applicant further submits that the entire prosecution story is false. No such incident took place and the applicant has been falsely implicated in the present case.

6. Learned counsel for the applicant further submits that before arguing the case on merits, he wants to draw the attention of the Court on the charge-sheet submitted by the Investigating Officer and submitted that the Investigating Officer had submitted the chargesheet against the applicants under Section 323, 504, 506 IPC on 19.3.2020, copy of the same is filed as Annexure No.7 to the affidavit, whereas he further submits that on the charge-sheet, the learned Magistrate had taken cognizance on 10.9.2020 and the case was numbered as Case No.2212 of 2020. The cognizance was taken on the prined proforma by filling the sections of IPC, dates and number and in the said proforma the learned Magistrate without assigning any reason has summoned the applicants for facing trial. Copy of the same is annexed as Annexure No.8 to the affidavit.

7. Learned counsel for the applicants further submits that by the order dated 10.9.2020 cognizance taken by the learned Magistrate on printed proforma without assigning any reason is abused of process of law.

8. Learned counsel for the applicants further submits that after submission of charge sheet the applicants have been summoned mechanically by order dated 10.9.2020 and the court below while summoning the applicants has materially erred and did not follow the dictum of law as propounded by the Hon'ble Supreme Court in various cases that summoning in criminal case is a serious matter and the court below without dwelling into material and visualizing the case on the touch stone of probability should not summon accused person to face criminal trial. It is further submitted that the court below has not taken into consideration the material placed before the trial c