SUNEET KUMAR,J. - (1.) Heard Sri O.P. Singh, learned Senior Advocate, assisted by Sri Indrajeet Singh, learned counsels for applicants, and learned A.G.A. appearing for the State. The learned counsel for the opposite party no. 2 has not put in appearance in the revised call.
(2.) Applicants, four in number, by means of the instant petition under Section 482 of Code of Criminal Procedure, 1973 (for short "Cr.P.C."), seek the following reliefs: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the prosecution of the applicants in Case Crime No. 5 of 2009, U.Sec. 420, 467, 468, 471 & 448 I.P.C. P.S. Naubasta District Kanpur Nagar in pursuance of the Charge Sheet No. 300 of 2009 of dated 1.8.2009 which has been numbered as Crl. Case No. 10342 of 2009 : State Vs. Atul Kumar Singh Tomar & others pending in the Court of 1st ACMM, Kanpur Nagar i.e. (Annexure 2 to the accompanying affidavit). It is further prayed that this Hon'ble Court may be pleased to quash the entire further proceedings of the Cri. Case No. 10342 of 2009 : State Vs. Atul Kumar Singh Tomar & others U.Sec 420, 467, 468, 471 & 448 I.P.C. in Case Crime No. 5 of 2009 U. Sec. 420, 467. 468, 471 & 448 I.P.C., P.S. Naubasta, District Kanpur Nagar pending in the Court of 1st ACMM, Kanpur Nagar. It is further prayed that his Hon'ble Court may be pleased to quash the order of cognizance dated 29.9.2009 passed by 1st ACMM, Kanpur Nagar mentioned in the Charge Sheet No. 300 of 2009 of dated 1.8.2009 in Case Crime No. 5 of 2009 U. Sec. 420, 467, 468, 471 & 448 I.P.C. P.S. Naubasta District Kanpur Nagar and quoted in para 12 of the affidavit. It is further prayed that this Hon'ble Court may be pleased to stay the entire further proceedings of the Cri. Case No. 10342 of 2009 : State Vs. Atul Kumar Singh Tomar & others U. Sec 420, 467, 468, 471 & 448 I.P.C. in Case Crime No. 5 of 2009 P.S. Naubasta, District Kanpur Nagar pending in the Court of 1st ACMM, Kanpur Nagar during the pendency of the aforesaid case and/or be pleased to pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case."
(3.) The applicants are assailing the charge-sheet, cognizance order and consequential trial pursuant thereof.;