Raj Mani Chauhan, J. - (1.) HEARD learned Counsel for the petitioners and learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) THIS petition under Section of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed by the petitioners with the following prayers: It is prayed that the Hon'ble Court may graciously be pleased to quash the Charge -sheet No. 15 of 2008 dated 11.7.2008 as well as the order of summoning dated 17.11.2008 and the further proceedings of Criminal Cae No. 2233 of 2008 (State v. Kanhaiya Lal and Ors.), under Sections /////// IPC and SC/ST Act pending in the Court of Additional Judicial Magistrate -II, Lucknow. The submission of learned Counsel for the petitioners is that admittedly there is a civil dispute between the parties. The complainant is said to be 'Bataidar" of the disputed property. The accused -petitioner No. 1 -Kanhaiya Lal Yadav is a practicing advocate in the District Court, Lucknow. The accused -petitioner No. 2 -Manish is an Assistant Teacher in Sitapur. They did not participate in the so called incident. They have been falsely implicated by the complainant on the ground of enmity and moreover the complainant has not assigned any specific role to the accused -petitioners which falsifies the involvement of these accused in the so called incident. The Investigating Officer has not fairly investigated the case; rather he in a mechanical way has submitted the charge -sheet against the accused without any reliable and cogent evidence. Therefore, the charge -sheet filed by the Investigating Officer as well as the criminal proceedings arising out of the said charge -sheet are liable to be quashed.
(3.) LEARNED A.G.A. opposed the petition.;