Arvind Kumar Tripathi, J. - (1.) HEARD learned counsel for the applicants, learned AGA for the State and perused the record.
(2.) THIS Crl. Misc. application under Section 482 Cr.P.C. has been filed with a prayer for quashing the impugned charge sheet dated 15.02.2011 as well as entire proceeding of Case No. 2575 of 2011 (State Vs. Salaman and another), Case Crime No. 1069A of 2010, under sections 352, 324, 506, 323, 325 and 308 IPC, P.S.Mubarakpur, District Azamgarh, pending in the Court of C.J.M., Azamgarh. Learned counsel for the applicants submitted that since FIR was lodged from the side of applicants on 18.09.2010 regarding incident occurred on 7.09.2010 in which the father of the applicant succumbed to the injuries in the way to Hospital. Subsequently, in counterblast a complaint under section 156(3) Cr.P.C. FIR was lodged from the side of opposite party on 18.11.2010, hence charge sheet as well as entire proceeding is liable to be quashed.
(3.) LEARNED AGA opposed the aforesaid prayer and submitted that it is cross case of the same incident. Since FIR could not be registered, hence application was move under section 156(3) Cr.P.C. Both the parties have received injuries, hence it is not a case for quashing charge sheet as well as entire proceeding.;