- (1.) Learned A.G.A. states that in view of facts and circumstances of the case by issuing notices to opposite party no.2 no useful purpose would be served and the application may be heard and disposed of without issuing notices to the opposite party no.2.
(2.) Heard learned counsel for the applicants, learned A.G.A. and perused the record. Present application u/s 482 Cr.P.C. has been moved with the prayer to quash the proceedings of criminal case no.292 of 2016 (State of U.P. Vs. Kripa Shankar Singh and others), arising out of case crime no.733 of 2015, under Sections 323, 427, 504, 506 IPC and Section 3(1)(x) of the SC/ST Act, P.S. Khanpur, District Ghazipur, pending in the court of Judicial Magistrate, Ghazipur.
(3.) Learned counsel for the applicants contends that the FIR has been lodged with absolutely false, baseless and concocted allegations; that it is wrong to say that the first informant was going by motorcycle at the time of alleged incident along-with Vijay Singh Pradhan and B.D.C. Sunil Kumar Goswami, as three persons are not permitted to ride on a two wheeler; that the applicants did neither damage the motorcycle of first informant nor committed mar-peet with him nor abused nor threatened him; that it is absolutely wrong and is highly improbable that the applicants were taking liquor together at the time of alleged incident because the applicant no.1 is father of applicant no.2 and applicant nos.2, 3 & 4 are young boys of family of applicant no.1; that there is no whisper in the FIR that the applicants are not members of Scheduled Caste or Scheduled Tribe or they intentionally insulted or intimidated the opposite party no.2 or abused him in the name of caste, with an intention to humiliate the opposite party no.2 within public view; that the provisions of SC/ST Act are not attracted in this case; that it is nowhere mentioned that the applicants are not members of Scheduled Caste or Scheduled Tribe and insulted or intimidated to humiliate the opposite party no.2 within public view and so the offence punishable under Section 3(1)(x) of the SC/ST Act is not made out; that the opposite party no.2 is neighbour of applicants and is on inimical terms with the applicant no.1, because the applicant no.1 had turned down his offer for exchange of agricultural plots about a decade back; that the opposite party no.2 has political affiliation and has lodged false FIR in order to harm and harass the applicants including applicant nos. 2 to 4, who are students; that in these circumstances the charge sheet filed against the applicants without there being sufficient evidence against them, is liable to be quashed.;