RAJ BEER SINGH,J. - (1.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(2.) This application has been filed for quashing the entire proceedings of Case No.1126 of 2019, CNR No.UPMH04006714 of 2019 ( State of U.P. vs. Udairaj Prajapati and Ors .) arising out of Case Crime No.95 of 2019, under Sections 323 , 504 , 506 , 147 , 148 , 427 , 325 and 308 IPC, Police Station Nautanwa, District Maharajganj pending in the court Additional Chief Judicial Magistrate, Maharajganj, District Maharajganj and also to quash the impugned charge sheet dated 03.10.2019.
(3.) It has been argued by the learned counsel for the applicants that the applicants have been falsely implicated in this case and prima facie no case is made out against them. It was submitted that medical examination of only one injured namely Suresh Tripathi was conducted on 01.04.2019, whereas, medical examination of other three injured persons has been done on 02.04.2019 and the same are manipulated by prosecution. Learned counsel has submitted that Section 308 IPC was added by the Investigating Officer without any material on record and no reasoning has been assigned for the same. It was submitted that no specific role was assigned to the applicants and no offence under Section 308 IPC is made out against the applicants. Learned counsel further argued that initially applicants were chargesheeted under Section 504 and 506 IPC and they were granted bail under those sections, whereas, investigation against co-accused was pending. It was stated that charge-sheet under Section 308 IPC has been submitted against applicants along with two accused-persons. Learned counsel argued that the investigation has not been conducted in accordance with law and impugned proceedings are abuse of process of law. It was further submitted that applicant No.1 is aged about 81 years and applicant No.2 is aged about 63 years and there was no motive on their parts to commit alleged offence and that even if prosecution version is considered, as such, at the most an offence under Section 325 would be made out and, thus charge-sheet under Section 308 IPC is not in accordance with law.;