Heard learned counsel for the applicants , learned A.G.A and perused the record.
A report was lodged against the applicants and a case was registered under sections 147,148,149,307,504,506 IPC at P.S Ikauna, district Shrawasti. After investigation, charge sheet was submitted against both the applicants and present petition is for quashing the charge sheet.
Learned counsel for applicants argued that they were beaten by the informant of the case crime No. 490 of 2006, injuries were inflicted to them when they went to lodge the report at the police station, they were detained at the police station and challaned in tthe present matter.When they released on bail after moving application under section 156 (3) Cr.P.C they got investigated the case and police has submitted final report in the matter.Protest petition in the matter was allowed and accused persons have been summoned in that case and both the cases are pending in the court concerned.
Learned counsel for applicants argued that present case is counter blast of their case and they have been falsely implicated in this case.
Learned A.G.A argued that at the most both the cases can be treated as cross cases and this court cannot give finding of fact that which party was the aggressor and which party has committed the offence, only in the trial this can be seen.
Considering the arguments of both the parties and the fact available on record ,I am of the view that no case for quashing the charge sheet is made out.
Accordingly the application is rejected.
Order Date :- 19.1.2010 R.P/