Basant Lal and Ors. vs State of U.P.& Ors.

K. L. Sharma, J.—This is a petition under Section 482, Cr. P. C. for quashing the summoning order and the complaint dated 1671991 and also the proceedings of the complaint case No. 275 of 1991 Ram Chandra v. Basant Lal under Sections 498A, 406, IPC and under Section 3/4 D. P. Act, P. S. Tajganj, Agra pending in the Court of IV Additional Chief Judicial Magistrate, Agra,

2, I have heard Mr. V. K. Birla counsel for applicants and Sri Virendra Singh counsel for opposite party No. 2 and perused the material brought on record.

After hearing the submissions and on perusal of the record I am of the opinion that the applicants should appear and tile their objection before the learned Magistrate as the present application uuder Section 482, Cr. P. C. is misconceived against the summoning order. The application is hereby finally disposed of with the direction that the applicants Ram Kali, Ram Beti, Mahadevi and Usha should appear through counsel and the other applicants shall appear either in person or through counsel with an application for exemption from personal attendance and file their objection before the learned Magistrate who shall thereupon decide the same after hearing but before proceeding further in the case and without taking any coercive measure agaiust the applicants. The learned Magistrate shall exempt the attendance of the ladies and the minor person, if any, involved in the proceedings and may got personal bonds and surety bonds under Section 88, Cr. P. C. hi case they are represented through counsel on or before 2041995. The interim stay order, dated 1011992 is hereby vacated.