Heard learned counsel for the applicants and learned A.G.A. This application has been filed with a prayer to quash the proceedings of S.T.No. 640 of 2008 under sections 323, 504, 506, 308 I.P.C. And 3(1)(10) of ST/ST Act, pending in the court of Additional Sessions Judge, Court No. 2, Azamgarh.
From the perusal of the record it appears that in this case, on the basis of the evidence collected by the I.O.,the charge sheet has been submitted, which discloses the commission of the offence. There is no illegality in submission of the charge sheet or the prosecution of the applicant , therefore, prayer for quashing the proceedings is refused. However, it shall be open to the applicant to raise objection at the time of framing the charge. In case such objection is raised at the time of framing the charge, the same shall be considered in accordance with law.
With this direction, this application is finally disposed. Order Date :- 12.1.2010 Su