Manju Rani Chauhan,J. - (1.) Heard Mr. Sanjai Kumar Singh, learned counsel for the applicants in Application U/S 482 Cr.P.C. No. 2318 of 2021, Mr. Surendra Prasad Yadav, learned counsel for the applicants in Application U/s 482 Cr.P.C. No. 3088 of 2021 and Mr. Pankaj Srivastava, learned A.G.A for the State in both the applications.
(2.) The first application U/S 482 No. 2318 of 2021 has been filed by Mr. Sanjai Kumar Singh, Advocate on behalf of the applicants, namely, Dayashanker Gupta, Subhawati Devi, Baijnath Prasad, Umesh Kumar Gupta, Sharda @ Sarita @ Guddi Gupta, Janki and Ishwar Chandra, for the following relief: " I. Quash the entire proceedings including the impugned charge sheet No..34/2020 dated 29.01.2020 in Case No. 2629 of 2020 (State vs. Dayashankar and others) pending before the Court of learned Chief Judicial Magistrate, Ballia, arising out of the Case Crime No. 404 of 201, punishable offence under sections 49A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali, District Ballia as well as cognisance order dated 06.11.2020. II. Stay the further criminal proceeding of the Case No. 2629 of 2020 (State vs. Dayashankar and others) pending before the Court of learned Chief Judicial Magistrate, Ballia, arising out of the Case Crime No. 404 of 201, punishable offence under sections 49A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Kotwali, District Ballia, during the pendency of the present application under Section 42 Cr.P.C. III. And/or may pass such other and further orders and direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case."
(3.) The second application U/S 482 No. 3088 of 2021 has been filed by Mr. Surendra Prasad Yadav, Advocate on behalf the same applicants, namely, Dayashanker Gupta, Subhawati Devi, Baijnath Prasad, Umesh Kumar Gupta, Janki, Ishwar Chand and Sharda @ Guddi @ Sarita for the following relief: " It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of criminal case arising out of case crime no. 0404 of 201 (State vs. Dayashanker Kumar Gupta and others), under sections 49-A, 323, 504, 506 IPC, P.S. Kotwali District Ballia, pending before C.J.M. Ballia as well as quashed the impugned charge sheet 29.01.2020 submitted by I.O. in aforementioned case. It is further prayed that this Hon'ble Court may be pleased to stay the further proceeding of criminal case arising out of case crime no. 0404 of 201 (state vs. Dayashnaker Kumar Gupta and others) under Sections 49A, 323, 504, 506 IPC, P.S. Kotwali, District Ballia pending before C.J.M. Ballia, during the pendency of present criminal misc. application, otherwise the applicants shall suffer an irreparably loss and injury. And/or to pass any such other or further order as this Hon'ble Court may deem fit and proper in the present facts and circumstances of the case." ;