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 charge sheet dated 19.12.2020 submitted by the I.O. in crime case O. 371 of 2020, under sections 147,148, 149, 295-A, 307, 332, 336, 323, 504, 506, 427, 452 IPC and section 7 Crl. Law Amendment Act, P.S. Bilhaur, District Kanpur Nagar in Crl. Case No. 76 of 2021 (State Vs. Pasha Jafri and others pending in the court of C.J.M. Kanpur Dehat.
Learned counsel for the applicant submits that there is absolutely no material on the case diary which may show the involvement of applicants in any manner in the alleged incident and thus the continuance of criminal prosecution is quite unjust and contrary to law. He therefore submits, no prosecution could lie against the applicants, 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 :- 28.10.2021 RPD