SURESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants, learned counsel for the opposite party no.

(2.) , learned A.G.A. and perused the record. 2. means of this application under Section 482 Cr.P.C., applicants are praying to quash the entire proceedings of Complaint Case 308 of 2008, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Nagina District Bijnor, and the order dated 28.02.2009 whereby the learned Magistrate has summoned the applicants for facing trial under Sections 148, 323, 504, 506 I.P.C.

(3.) THE main contention raised on behalf of applicants is that once the chargesheet with regard to the N.C.R. No. 12 of 2008 was submitted and cognizance taken thereon, there was no occasion for the Magistrate to further enquire into the matter and take cognizance on the complaint filed by opposite party no. 2, Lavkesh, therefore, the proceedings of Complaint Case No. 308 of 2008 and the summoning order passed thereon against the applicants is bad in law and is liable to be quashed.