VISHNU CHANDRA GUPTA, J. - (1.) BY means of this petition under Section 482, Cr.P.C., the petitioners sought for quashing of the impugned charge -sheet as well as consequential proceedings of Case No.3272 of 2012 (State Vs. Salikram) arising out of Case Crime No.44 of 2012, under Sections 308, 323, 504, 506, 427 IPC, Police Station Alapur, District Ambedkar Nagar pending in court of learned Chief Judicial Magistrate, Ambedkar Nagar.
(2.) HEARD Sri Mayank Pandey, learned counsel for the petitioners, learned A.G.A. for the State and Sri Sandeep Shukla, learned counsel for the opposite party no.2.
(3.) IT has been submitted by learned counsel for the petitioners that the petitioner no.1 is the Principal of Junior High School, Ram Nagar, Ambedkar Nagar, petitioner no.2 is the husband of present Village Pradhan, petitioner no.4 is an Advocate and petitioner no.3 is the resident of the same village. All the petitioners protested against the illegal act of opposite party no.2, who tried to raise construction by encroaching the landed property of Junior High School. It has also been submitted that a civil suit has been filed by petitioner no.1 on behalf of Junior High School against the opposite party no.2 along with two others, which is still pending. It has further been submitted that when the opposite party no.2 illegally tried to raise construction over the property of the school then the villagers protested and assaulted the opposite party no.2 in which he received injuries but with malafide intention, the petitioners was involved in this case due to aforesaid reason. It has been submitted by learned counsel for the opposite party no.2 that the opposite party no.2 sustained serious injuries including depress fracture on his skull, which cannot be a self inflicted injury. The petitioners are named in the FIR, which had been lodged soon after the incident on 05.03.2012. The civil suit has been filed on 09.08.2012 much after the incident. It has also been pointed out that vide order dated 02.03.2012, a compromise (Annexure CA -2 to the counter affidavit) had taken place in between the parties in the presence of SDM concerned and thereafter he raised the boundary wall but the petitioners assaulted him and demolished the boundary wall. The petitioner no.1 has taken a false plea of alibi which is evident from the complainant made by Smt. Parana Devi, Assistant Teacher of the Junior High School, Ram Nagar, Ambedkar Nagar. The plea of alibi is a plea of defence and it cannot look into at this stage.;