S K SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Gopal Chaturvedi alongwith Sri R. C. Upadhyaya and Sri Satish Trivedi appearing for the applicants, and Sri Pankaj Shukla, holding brief of Sri P. K. Gupta, for opposite party No. 2 and learned A.G.A.

(2.) THIS application has been filed for quashing an order dated 9.3.2004 summoning the applicants under Section 406, I.P.C. passed on a complaint under Sections 406, 419, 420, 504, 506 and 120B, I.P.C. dated 22.4.2003.

(3.) IN the summoning order, the learned Judicial Magistrate has observed that there are no allegations of any inducement to part with any money for the purpose of cheating the complainant, hence the offence under Sections 419 and 420, I.P.C. was not at all disclosed. Even so far as the allegation of hurling some abuses etc., at Delhi are concerned, the same were disbelieved and the applicants were not summoned under Sections 504 and 506, I.P.C. The applicants have, however, been summoned under Secton 406, I.P.C.