JUDGMENT :

1. Heard Sri Rohit Kumar Tripathi and Sri Rajesh Kumar, learned counsel for the petitioners and learned AGA.

2. In view of the proposed order notice to opposite party no. 2 is dispensed with.

3. By means of this petition the petitioners have prayed for quashing the summoning order dated 31.5.2019 (Annexure no. 1) and N.B.W. order dated 1.11.2021 passed by the C.J.M., Lucknow summoning the petitioners in Complaint Case No. 5637/2018 u/s 500,501 IPC, P.S. Gautampalli, District Lucknow as well as entire criminal proceedings of the aforesaid criminal case.

4. The contention of learned counsel for the petitioner is that the petitioner nos. 2 and 3 are the resident of New Delhi and Bangalore respectively. On the complaint filed by opposite party no. 2 the learned C.J.M., Lucknow has summoned all the petitioners vide impugned order dated 31.5.2019. As per learned counsel for the petitioner while summoning the petitioners no. 2 and 3 who are residing outside the territory of the court from where the summoning order has been issued, the learned court-below has committed manifest error of law inasmuch as section 202 Cr.P.C. clearly mandates that in case any accused person is residing