SUKHPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This revision under Section 397/401 of the Code of Criminal Procedure is directed against order dated 22.1.2010 passed by Additional Chief Metropolitan Magistrate, Court No.7, Kanpur Nagar in criminal complaint case no. 681 of 2009 Ram Dutt Yadav v. Shiv Kumar alias Hari Nandan and another, whereby the revisionists Shiv Kumar alias Hari Nandan and Sukhpal Singh were summoned to face trial under Section 406 IPC. A prayer has also been made for quashing the entire proceedings in the aforesaid criminal case.

(2.) Heard Sri R.P. Yadav, learned counsel for the revisionists, learned A.G.A. for the State and Sri K.N. Yadav, learned counsel for opposite party no.2 - the complainant.

(3.) Counter affidavit has been filed on behalf of opposite party no.2, but no rejoinder affidavit has been filed on behalf of the revisionists.