NAHEED ARA MOONIS, J. - (1.) HEARD learned Counsel for the applicant and learned AGA and perused the materials on record. The instant application under section 482, Cr.P.C. has been filed with a prayer to quash the charge sheet No. 241/2011 dated 22.4.2011 filed in Case Crime No. 204/2011 under section 395 IPC Police Station Chakeri District Kanpur Nagar and entire proceedings arising pursuant to the charge-sheet.
(2.) THIS matter came before this Court and on 17.10.2011 following order was passed: Supplementary affidavit filed on behalf of the applicants be kept on record. The instant application under section 482, Cr.P.C. has been filed by the applicants praying for quashing the charge-sheet No. 241/2011 dated 22.4.2011 in Case Crime No. 204/2011 of 2007 under section 395, IPC Police Station Chakeri District Kanpur Nagar pending in the Court of C.M.M., Kanpur Nagar. By means of the supplementary affidavit, learned Counsel for the applicants submitted that on the application under section 173 (8), Cr.P.C moved by the Investigating Officer, on 17.9.2011, C.M.M. Kanpur Nagar sent back papers relating to the case for further investigation as the earlier investigation was not done by the Investigating Officer in fair and impartial manner and the charge sheet was submitted in very casual and perfunctory manner. I have considered the submission advanced by learned Counsel for the parties. The cognizance of offence has already been taken which can neither be recalled nor rescinded.
(3.) ISSUE notice to the opposite party No. 2 returnable within four weeks. Learned AGA is also directed to file counter-affidavit within the same period. List this case on 21.11.2011 before the appropriate Bench along with office report.;