Heard learned counsel for the applicants and learned A.G.A. for the State. The present 482 Cr.P.C. petition has been filed for quashing the criminal proceeding of criminal case No. 82 of 2010 under Sections 147, 452, 323, 504, 506, 427 IPC , P.S. Jansa, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Varanasi as well as quashing summoning orders dated 14.11.2006 and 1.2.2010 passed by Additional Chief Judicial Magistrate, Varanasi.
It is contended by the learned counsel for the applicants that initially for the same offences charge sheet had been submitted and the applicants were summoned by the order dated 14.11.2006. Thereafter, second complaint was filed on same allegations by the opposite party No.2 and the applicants were again summoned for the same offences, which is misuse of the process of the Court.
Issue notice to the opposite party no.2 returnable within a period of four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks' time to file counter affidavit. Opposite party no.2 may also file counter affidavit within the same period.
List immediately, after expiry of the aforesaid period. Till then, no coercive action shall be taken against the applicants. Order Date :- 15.6.2010 Salim