Court No. - 28 Case :- U/S 482/378/407 No. - 66 of 2010 Petitioner :- Vijay, & Another Respondent :- State Of U.P., & Another Petitioner Counsel :- Suresh Chandra Vikram Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
material placed on record.
Perusal of the impugned order shows that the learned Magistrate has simply
signed the summoning order which infact is the reproduction of a rubber
stamp and cyclostyled. It has been passed by filling the blanks. The case
appears to be squarely covered with the proposition of law laid down in the
case of Raj Kumar Lal Srivastava Vs. State of U.P. & another, reported in
2007 (1) ALJ 755. Since the learned counsel for the petitioner has confined
his arguments only on the aforesaid point, I am not adverting to other points
mentioned in the application under Section 482 Cr.P.C.
In the conspectus of the aforesaid facts and circumstances, it appears to be a
fit case to invoke the inherent powers of this Court to ensure substantial
justice. The application deserves to be and is accordingly allowed. The order
dated 26.03.2009, is set aside and the matter is remitted back to the learned
Magistrate to pass appropriate orders afresh in accordance with law and
established procedure, so far it relates to the petitioners only.
Order Date :- 11.1.2010
ML/-