It is submitted by the learned counsel for the applicants that the brother of opp. party no. 2 lodged a first information report against the applicants on 25.10.2021 and after four months of lodging the FIR, on the pretext that the correct report was not lodged in the police station concerned, the opp. party no. 2 filed a complaint in the trial court. After the statements of the complainant under section 200 Cr.P.C. and witnesses under section 202 Cr.P.C., the trial court passed the impugned order dated 28.10.2022 and summoned all the three applicants to face trial under sections 392, 323, 504, 506 I.P.C. It is further submitted that the FIR dated 25.10.2021 and the complaint dated 19.2.2022 of the opp. party no. 2 are on record. The incident is the same, dated 25.10.2021. The accused persons are also the same. In the complaint only one thing has been added that at the time of the same incident the applicants robbed the mobile and Rs. 2500/- of the opp. party no. 2 also. Thus, it is prayed that the trial court has not followed the procedure under section 210 Cr.P.C., so the prayer is made to quash the entire proceedings of impugned complaint case no. 0021 of 2022, Jagat Singh Rajpoor Vs. Ramlal and others, under sections 392, 323, 504, 506 I.P.C., police station Ata, District Jalaun.
