Poonam Srivastava, J. - (1.) Heard learned counsel for the applicants and learned A.G.A. for the State,
(2.) This application has been filed for quashing the entire proceedings and charge sheet in case No. 953 of 2005, State v. Chandra Shekhar and Ors., arising out of case crime No. 128 of 2005, under Sections 498-A, 323, 504 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Arnia, District Bulandshahar, pending in the court of Additional Chief Judicial Magistrate (A.C.J.M.) Khurja, District Bulandshahar.
(3.) The submission on behalf of the applicants is that the first information report has been registered only with a view to cause harassment to the applicants and the entire prosecution story is false and fabricated. The charge sheet has been submitted with collusion of the local police. Copy of two applications dated 22.9.2005 and 27.9.2005 have been annexed as Annexures 4 and 5 to the affidavit. After lodging of the first information report, the allegations were raised against; the Investigating Officer Ram Sewak. Two applications were moved solely with the purpose that a fair and impartial investigation may be carried out. Annexure-6 is a certificate issued by Principal of 'Ramjas Bal Senior Secondary School No. 1 Dariyaganj, New Delhi certifying that Prem Chandra Sharma, who is also an accused in the present case, was present at the relevant time and date of occurrence in the school and therefore, it has been argued that the entire prosecution instituted on the basis of first information report as well as the second charge sheet is nothing short of an abuse of the process of the court.;