(1.) Heard Sri B.B. Jauhari, learned counsel for the applicant and learned A.G.A for the State.
(2.) Inherent power of this Court has been invoked challenging the proceedings in criminal case No. 3674 of 2004. Ram Ratan V. Dev Nath Gupta and Ors., under Sections 420, 467, 468, 471, 406 I.P.C. Police Station Sadar Bazar. District Shahjahanpur and also order dated 4.8.2005 passed by Additional Chief Judicial Magistrate, Shahjahanpur summoning the applicants.
(3.) The brief facts of the case are that one Sri Ram Ratan Gupta moved an application under Section 156(3) Cr PC. and an order was passed on 28.2.2003 for registration of the first information report and to investigate the matter. in pursuance to the order of the Magistrate, the police investigated and submitted a final report stating therein that no case is made out against the accused on 19.4.2003. A protest petition was filed by the complainant Ram Ratan Gupta but the proceedings on the basis of protest petition was being considerably lingered as such Sri Ram Ratan Gupta approached this Court for an expeditious disposal of the protest petition A direction was given by this Court on 5.10.2004 to the Chief Judicial Magistrate. Shahjahanpur to decide the protest petition within a period of three months. Thereafter the case was registered as complaint case by the Additional Chief Judicial Magistrate on 13.1.2005. The statement of the complainant was recorded under Section 200 Cr.PC on 20.1 2005 Sri Ram Ratan Gupta died on 8 5.2005 and after his death the statement of witnesses under Section 200 and 202 Cr.PC was recorded only on 22.6.2005. The statement under Section 200 and 202 Cr.PC is annexed as Annexure-6 to the affidavit. A perusal of the statement of PW-1 Suresh Chandra Gupta shows that he has mentioned that Ram Ratan Gupta is dead. Alter the statement of the witnesses the applicants were summoned vide order dated 4.8.2005 which is under challenge in this application.