MANISH KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amit Daga, Advocate assisted by Sri Anshul Kumar Singhal, learned counsel for the applicants, at length, learned AGA for the State and perused the record.

(2.) On the preliminary submissions raised by learned counsel for the applicants based on solitary legal issue as to whether the summoning order dated 24.10.2019 is in consonance with the mandate of law required u/s 202(1) Cr.P.C. or not? This Court, with the assistance of learned A.G.A., finds it fit to adjudicate the present 482 application at the threshold/admission stage itself.

(3.) By means of the present application the applicants have conjured for invoking extra-ordinary jurisdiction of this Court under Section 482 Cr.P.C. against order dated 31.05.2019 passed by the learned Additional Sessions Judge, Saharanpur whereby the lower Revisional court, while allowing Criminal Revision No.231 of 2018 (Pradeep Yadav v. Manish Kumar Yadav and others) has set aside the order dated 09.08.2018 passed by the Chief Judicial Magistrate, Saharanpur in Criminal Complaint No. 4578 of 2018. It has further remanded the case to the court concerned with the direction to pass a fresh order after holding requisite enquiry, as per the requirement enunciated under the provisions of Section 202(1) Cr.P.C. Taking into account the aforesaid direction, the learned Magisterial court, proceeded with the case afresh, recorded statements of the required witnesses and summoned the applicants under Sections 323, 324, 307 and 506 I.P.C., vide order dated 24.10.2019.