S.C. Agarwal, J. - (1.) HEARD learned Counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved. This Application Under Section 482 Code of Criminal Procedure has been filed with a prayer to quash the charge sheet as well as entire proceedings of criminal case No. 3782 of 2007 arising out of case crime No. 78 of 2003 under Sections 308, 324, 323, 504, 506 IPC, P.S. Kotwali, District Meerut pending in the Court of II Addl. Civil Judge (Jr. Div.), Meerut.
(3.) LEARNED Counsel for the applicants submitted that the co -accused namely Malwa @ Mushtaq and Kalia @ Shahid have been acquitted in S.T. No. 163 of 2007 by judgment and order dated 23.2.2008 passed by Sessions Judge, Meerut and, therefore, no conviction of the applicants is possible on the same evidence and proceedings be quashed. It was further submitted that all the witnesses including the injured have turned hostile.;