SANAD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition under Section 482, Cr.P.C., the petitioners have prayed for quashing of the impugned order dated 05.06.2012 passed by learned In -charge District Judge, Gonda in Criminal Revision No.121 of 2012 (Sanad Kumar Versus Asharfi Lal and others) and the impugned order dated 09.09.2011 passed by learned Chief Judicial Magistrate, Gonda in Criminal Case No.1359 of 2011 (Asharfi Lal Vs. Sanad Kumar and others) arising out of Case Crime No.411 of 2008, under Sections 419, 420, 467, 468, 471, 465 IPC, Police Station Colonelganj, District Gonda as well as the proceedings of Criminal Case No.1359 of 2011 (Asharfi Lal Vs. Sanad Kumar and others) pending in the court of learned Chief Judicial Magistrate, Gonda.

(2.) BRIEF facts for deciding this petition are that opposite party no.2 lodged a first information report on 04.09.2008 against the petitioners at Case Crime No.411 of 2008, under Sections 419, 420, 467, 468, 471, 465 IPC, Police Station Colonelganj, District Gonda. The Investigating Officer after completing the investigation submitted final report on 04.10.2008. Against the final report, the opposite party no.2 filed protest petition. After considering the protest petition of the opposite party no.2, the leaned Chief Judicial Magistrate vide order dated 09.09.2011 set aside the final report and took cognizance in the light of Section 190 (1)(b) Cr.P.C. and summoned the petitioners to face trial under Sections 419, 420, 467, 468, 471 IPC. Aggrieved by the aforesaid order, the petitioners filed Revision No.121 of 2012. The same has been dismissed by learned In -charge Sessions Judge, Gonda vide order dated 05.06.2012. Aggrieved by these orders dated 09.09.2011 and 05.06.2012, the present petition has been filed by the petitioners. Counter affidavit has been filed by the State.

(3.) DURING the pendency of this petition, the opposite party no.2 Asraf Ali died.