JUDGMENT :

1. Heard Shri Tushar Bhushan, learned counsel for the appellants as well as Sri Santosh Kumar Kanaujia, learned counsel for the opposite party no. 3 and Shri Ashok Kumar Srivastava, learned AGA for the State and perused the entire record.

2. Learned A.G.A. has already filed the counter affidavit. In reply thereto learned counsel for the appellant has filed the rejoinder affidavit. Vide order dated 19.7.2023 learned counsel for the opposite party No.3 was granted three weeks time to file counter affidavit, but till today no counter affidavit has been filed.

3. Learned counsel for the opposite party No.3 submits that he will argue the matter without counter affidavit.

4. The instant appeal has been filed by the appellants, Ashwnee Kumar and Avinash Bhatt with a prayer to quash the impugned summoning order dated 11.04.2019 as well as the impugned consequential summoning order dated 08.12.2022 of Case Crime No.1613 of 2017, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali Sadar, District Lakhimpur Kheri pending before the learned Special Judge, S.C./S.T. Act (A.D.J.-I