Amar Singh Chauhan, J. - (1.) Heard Sri. Abhitab Kumar Tiwari, learned counsel for the applicants and learned AGA for the State. Despite sufficient service, opposite party No. 2 did not turn up but learned AGA has filed counter-affidavit.
(2.) The applicants, Mahabir Tyagi and three others, through this application under section 482, Cr.P.C. have invoked the inherent jurisdiction of the Court with a prayer to quash the charge sheet dated 25.5.2004 in Criminal Case No. 200/9 of 2004 (State v. Raju Tyagi and others) under sections 147, 323, 506, 427, 342, IPC and 3(2)(x) SC/ST Act, Police Station Sardhana, District Meerut and further prayed to stay the aforesaid proceeding.
(3.) Brief facts which are requisite to be stated for adjudication of this application are that the First Information Report was lodged by the opposite party No. 2 on 26.3.2004 with the allegation that applicants along with 42 to 50 unknown persons have demolished the house of which he was the tenant. They had damaged the furnitures and looted the household articles and by doing indecent behaviour, they also beaten him and his family members. The case was registered as Case Crime No. 103 of 2004 under sections 395, 427, 385, IPC and 3(2)(v) SC/ST Act. The Investigating Officer after concluding the investigation submitted charge sheet under sections 147, 323, 506, 427, 342, IPC and 3(2)(v) SC/ST Act. Thereafter learned Magistrate took the cognizance.;