MOHD ARIF LARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Arvind Srivastava, learned counsel for the applicants, learned A.G.A. for the State of U. P. and Sri Anil Kumar Tiwari, learned counsel for O. P. No. 2.

(2.) THIS application has been filed with a prayer to quash the charge-sheet of Case Crime No. 305 of 2007 under Section 304, I.P.C. P. S. Rampur Karkhana District Deoria pending in the Court of learned A.C.J.M., Court No. 17, Deoria.

(3.) DURING investigation Investigating Officer recorded the statement of many persons who categorically stated that the deceased was drunkard consequently, he died but the wife of the deceased had lodged a false case against the applicants only because she had taken money but the same was not given by the applicant No. 1, the F.I.R. itself is delayed about three years and other circumstances also shows that O.P. No. 2 had lodged a false F.I.R. against the applicants and without doing fair investigation charge-sheet has been submitted by the Investigating Officer on which the learned Magistrate concerned has taken cognizance and summoned the applicants to face the trial. The naming of the applicants in the F.I.R. is due to ulterior motive, which is mala fide in nature, it is gross misuse of the process of law, therefore, the proceedings pending against the applicants may be quashed.