RAM AYODHYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. S.K. Dubey for the petitioners, Mr. B.K. Mishra for the respondent No. 2 and learned AGA for the respondent No. 1 and perused the record.

(2.) THIS is a petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') for quashing the summoning order dated 30.4.2011 passed by the Additional Chief Judicial Magistrate, Kasaya, district Kushi Nagar in the case crime No. 599 of 2010 under Section 395 IPC, police station Sevarahi, district Kushi Nagar.

(3.) MR. B.K. Mishra, on the other hand, submitted that the investigating officer had not done the investigation in a fair manner. Despite there being adequate evidence, the investigating officer submitted a final report, therefore, the materials produced alongwith the protest petition could be taken into consideration by the Magistrate while passing the summoning order.