(1.) Heard Sri Mohit Singh, learned counsel for the applicants, learned AGA for the State and perused the material on record.
(2.) Since in the instant 482 application, on admitted facts, purely question of law has to be adjudicated, thus without inviting counter affidavit, the present 482 Cr.P.C. application is being decided with the aid and help of learned AGA at the admission stage itself. The question of sustainability of the present 482 Cr.P.C. application against the impugned order of summoning under Ss. 147, 148, 323, 354Kha, 452, 504 IPC and Sec. 3(1)(X) SC/ST Act, P.S. Bilhaur, District Kanpur Nagar pending in the court of Additional District and Sessions Judge, Court No.2/Special Judge, SC/ ST Act, Kanpur Dehat and impugned summoning order dtd. 19/11/2022 passed by the same court. The extra ordinary powers of this Court has been invoked by the applicants challenging the entire proceeding of SST No. 77 of 2019 (Geeta Devi Vs. Devendra Yadav & others) under the aforesaid Sec. of the IPC pending in the court of Additional District & Sessions Judge, Court No.2/Special Judge, SC/ST Act, Kanpur Dehat including the impugned summoning order dtd. 19/11/2022.
(3.) As the matter relates to the "maintainability of the present 482 Cr.P.C. application" in the light of the full Bench decision of this Court in the case of Gulam Rasool Khan and others Vs. State of U.P. and others in Crl. Appeal No. 1000 of 2018 decided on 28/7/2022, whereby learned Single Judge vide order dtd. 3/8/2018 has referred the matter to the larger bench and has framed the following question, which are quoted herein below:-