Court No. - 42

Case :- APPLICATION U/S 482 No. - 16280 of 2009

Applicant :- Jawahar Mishra And Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Satendra Kr. Gupta

Counsel for Opposite Party :- Govt. Advocate,Brahmanand

Tripathi

Hon'ble Saumitra Dayal Singh,J.

1. List has been revised.

2. Heard Sri Kundan Mishra learned Advocate holding brief of

Sri Satendra Kumar Gupta learned counsel for the applicants

and the learned A.G.A. for the State.

3. None has appeared for the complainant.

4. Present application has been filed to quash the order dated

29.4.2009 passed by Civil Judge (Junior Division) Court No. 21

Deoria in Complaint Case No. 509 of 2007 (Santosh v. Tara

Shankar and Others) under Sections 147, 148, 323, 336, 504,

506 IPC, Police Station Khukhundu, District Deoria.

5. By the impugned order dated 29.4.2009 the learned court

below has issued process to the applicants to appear on the date

fixed.

6. Learned counsel for the applicants submits that the case has a

chequered history. Earlier, upon complaint being filed by the

opposite party No.2, the applicants and six other persons were

summoned by order dated 17.9.1998. Upon objection raised by

the a