- (1.) Heard learned counsel for the applicants and learned AGA for the State.
(2.) The applicants, by means of this application under section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the investigation and all consequential proceedings being conducted by the S.H.O., P.S. Sureri, District Jaunpur, in pursuance of the F.I.R. dated 2.1.2016 bearing Case Crime No. 3 of 2016 under section 147, 148, 149, 352, 307 I.P.C. P.S. Sureri, District Jaunpur.
(3.) Learned counsel for the applicants has contended that the applicants have never formed any unlawful assembly with any deadly weapon nor they have participated in the present crime with common object. All the alleged injuries are simple in nature and there is no supplementary x-ray report. It is further contended that the injury report has been concocted with the collusion of medical officer in order to falsely implicate the applicants. It is next submitted that the applicants have no criminal history and the investigation is pending since 2.1.2016 but up till this date no charge-sheet has been submitted. It is further submitted that the alleged firearm injury is on the non-vital part of the body of the injured and even if the charges are found to be proved, sentence of more than 7 years cannot be awarded. It is next submitted by learned counsel that in view of this, arrest of the applicants should not be effectuated by the police personnel mechanically. Reliance has been placed on Ajay Mitra Vs. State of M.P., 2003 LawSuit(SC) 110.;