CHANDRA DHARI SINGH,J. - (1.) This application under Section 482 Cr.P.C. has been filed seeking quashing of the charge sheet dated 17.09.2017, cognizance order dated 14.12.2017 as well as entire proceeding of Case No. 15550/9 of 2017 (State v. Naushad and another) , arising out of case crime no. 0675 of 2016, under section 302 IPC, P.S. Kandhla, District Muzaffar Nagar, pending in the court of Chief Judicial Magistrate, Muzaffar Nagar.
(2.) The opposite party no.2 Isak has lodged an FIR against unknown person. As per prosecution case on 16.12.2016 the nephew of the complainant namely Shabbir was going by foot from his village Soop to Kaniyan, on the some unknown person has murdered him. The information of the said incident was given to the complainant by his relatives and thereafter the case crime no. 675 of 2016, under section 302 IPC was registered at the police station concerned. The postmortem of the deceased was conducted on 17.12.2016. The cause of death was opined to be haemorrhage shock as a result of ante mortem firearm injury. After investigation charge-sheet has been filed. The Magistrate has taken cognizance on the charge sheet on 14.12.2017. The name of the applicants came into light in the statement of Ravindra Singh and against the applicants charge-sheet has been submitted on 17.09.2017.
(3.) Learned counsel for the applicants submitted that there is no iota of evidence against the applicants, therefore, there is no chance of their conviction in the present case. The whole proceeding against the applicants is nothing but abuse of the process of the court.;