Shashi Kant, J. - (1.) Heard Sri Murli Manohar Srivastava, learned counsel for the applicant, Sri Maneesh Kumar Singh, learned counsel for opposite party No.2 and Sri Bal Keshwar Srivastava, learned AGA for State of U.P.
(2.) This application under Section 482 Cr.P.C. has been filed seeking quashing of charge-sheet No.138/09 pertaining to Case No.2495 of 2009 (State v. Ravi Prakash Srivastava & Ors.) arising out of Case Crime No.142 of 2008, under Sections 420/34, 467, 468, 471, 447, IPC, P.S. Maholi, District Sitapur pending in the Court of Judicial Magistrate-I, Sitapur, contained as Annexure 1 to the affidavit, as well as summoning orders dated 03.09.2009 and the order dated 15.07.2011 so far as it relates to the applicants (Annexures 2 and 3 to the affidavit) as also entire proceedings of the aforesaid case.
(3.) Learned counsel for the applicants contends that by reply of the notice issued by the opposite party No. 2, applicants have informed him by way of reply that they are living at Lucknow and has no concern with the disputed land. In these circumstances, application deserves to be allowed and the charge sheet is liable to be quashed.;