RAHUL CHATURVEDI
Devendra Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Mohit Singh, learned counsel for the applicants, learned AGA for the State and perused the material on record.
2. Since in the instant 482 application, on admitted facts, purely question of law has to be adjudicated, thus without inviting counter affidavit, the present 482 Cr.P.C. application is being decided with the aid and help of learned AGA at the admission stage itself.
3. The question of sustainability of the present 482 Cr.P.C. application against the impugned order of summoning under Sections 147, 148, 323, 354Kha, 452, 504 IPC and Section 3(1)(X) SC/ST Act, P.S. Bilhaur, District Kanpur Nagar pending in the court of Additional District & Sessions Judge, Court No.2/Special Judge, SC/ ST Act, Kanpur Dehat and impugned summoning order dated 19.11.2022 passed by the same court.
4. The extra ordinary powers of this Court has been invoked by the applicants challenging the entire proceeding of SST No. 77 of 2019 (Geeta Devi Vs. Devendra Yadav & others) under the aforesaid sections of the IPC pending in the court of Additional District & Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Dehat including the impugned summoning order dated 19.11.2022.
5.
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