- (1.) HEARD Sri Arun Sinha, learned counsel for applicants and learned A.G.A. for the State of U.P.
(2.) THIS application under Section 482 of Criminal Procedure Code, 1973 (in short 'Cr.P.C.') has been filed for quashing the proceedings intiated in pursuance to charge sheet filed in Case No. 3558 of 2004 - State Vs. Rahtu Lal @ Divyanand and Others, arising out of Case Crime No. 371 of 2002, under Section 447 Indian Penal Code (in short ' I.P.C.') at Police Station - Sandila, District - Hardoi, pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Hardoi.
(3.) BRIEF facts of the case as transpire from the record are that : 3.1 First Information Report (in short 'FIR') (annexure no. 1) was lodged by opposite party no. 2 on the basis of which a case was registered against applicant nos. 1 to 5, under Section 447 I.P.C. as Case Crime No. 371/02 and under Section 2/3 of Gangsters Act as Case Crime No. 372/02. 3.2 For quashing of above FIR and for stay of their arrest in the above referred cases, applicants preferred writ petition before this Court being Writ Petition No. 6101 (M.B.) of 2002 - Rathuram @ Divyanand And Others Vs. State of U.P. and Others (annexure no. 2), and this Court vide order dated 08.10.2002, stayed the arrest of applicants. 3.3 After investigation final report has been filed in Case Crime No. 372/02 as no case was made out against applicants under Section 2/3 of Gangsters Act. The above final report filed in Case Crime No. 372/02 was accepted by the Court of Special Judge, Gangsters Act, Lucknow, while charge sheet (annexure no. 3) has been filed in Case Crime No. 371/02 by the Police. Hence, this application under Section 482 Cr.P.C. has been filed by the applicants for the reliefs as claimed above. Heard learned counsel for the parties and perused the record.;