Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of N.B.W. dated 15.02.2021 passed by Special Judge (SC/ST Act), Allahabad in Special Sessions Trial No. 124 of 2021 (State Vs. Jagat Bahadur Patel @ Vaidh and others) and cognizance order dated 15.02.2021 and charge sheet dated 15.02.2020 arising out of case crime no. 500 of 2019, under sections 323, 504, 506 IPC and section 3(2)Va of SC.ST Act, P.S. Mauaima, District Prayagraj.
Learned counsel for the applicant submits that the applicants are real brother, they are absolute gentle persons having no criminal antecedent. He therefore submits, no prosecution could lie against the applicant, in such circumstances.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicants.
Order Date :- 25.10.2021 RPD