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Judgment
Virendra Saran, J.—Heard learned Counsel for the applicant and the learned State Counsel.
Alim and Wasid have filed this application for quashing the order, dated 871997 passed under Section 319, Cr.P.C. by the learned Addl. Chief Judicial Magistrate, Hardoi summoning the applicants for offences under Sections 147/148/149/124/323/504, IPC in respect of Crime No. 129 of 1994 of P.S. Kasimpur, District Hardoi.
It appears that in the FIR the applicants were already named alongwith five others. However the police chargesheeted only five accused.
I have given my careful consideration to the material placed on record. In the peculiar circumstances of the case, I am of the view that summoning of the applicants on the basis of mere examinationinchief of PW1 Mohd. Ismail was not proper and the learned Magistrate should have waited and passed orders after crossexamination of the witness.
Accordingly, I quash the impugned order, dated 871997 of the learned Addl. Chief Judicial Magistrate Hardoi, It shall be open to the learned Magistrate to summon the applicants afresh after crossexamination of the witness is over. However, the learned Magistrate shall apply his mind before summoning the applicants. In case, any process has already been issued including the warrants same shall not be executed in view of the fact that the order on the basis of which process has been issued has been quashed.
The application is allowed.
Application allowed.