By means of this application under Section 482 Cr. P. C. the applicants Rasheed Khan and Syed Waqar Alam have invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 28.1.2017 passed by the Additional. Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 2, Gorakhpur in Criminal Revision No. 558 of 2014; Mahesh Khemka Versus State of U. P., arising out of Case Crime No. 43 of 2007, under Sections-147, 295, 297, 436, 506 and 153 A I. P. C., P. S.-Kotwali, district-Gorakhpur (filed as Annexure 1 to the affidavit accompanying this application).

2. Heard Sri S. F. A. Naqvi, assisted by Sri F. Husain, learned counsel for the applicants, Sri Raghvendra Singh, learned Advocate General, State of U. P. assisted by Sri Abhishek Singh, Advocate, Sri Manish Goyal, Sri Vinod Kant, learned Additional Advocates General and Sri A. K. Sand, learned A. G. A.-I for the State of U. P.

3. As the facts of the case are not in dispute, Sri Raghvendra Singh, learned Advocate General appearing for the State of U. P. has very candidly stated at the Bar that he does not propose to file any counter affidavit and hence with the consent of learned counsel for the parties, this case is being decided finally at the admission stage itself.

4. Briefly stated the facts of this case are that the applicant no. 1 Rasheed Khan gave a written report at P. S.-Kotwali, district-Gorakhpur on 27.1.2007 at about 20.45 hrs. alleging therein that on 27.1.2007 at about 5.00 A. M. on the occasion of (Satvi Moharram) in response to a call given by co-accused Aditya Nath, members of a Hindu Organization, Hindu Wahini, traders and businessmen started assembling in front of the shop of Shyam Traders and within no time thousands of persons gathered there and started raising slogans exhorting the members of majority community to plunder the properties and houses of the members of minority community and kill them and in response to the aforesaid slogans, the huge crowd entered into Karam locality at about 10.00 A. M. and when an announcement was made that Baba was arriving soon, members of Hindu Organization became so excited that they started shouting slogans, which panicked the residents of the Muslim localities and on the arrival of Yogi Ji, Mahesh Khemka, Bhagauti Jalan, Ram Autar Jalan and Daya Shankar Dubey demolished the Aastane, set ablaze and damaged religious books and indulged in destructive activities at Imam Chowk. It was further alleged that in the aforesaid incident Harshwardhan Singh, R/o Khoonipur, Ashok Shukla, R/o Vilandpur and Ram Laxman, R/o Bans Gaon had played an active role and a sum of about Rs. 5000/- which was kept in Chand Golak at Chara Chandi Panch at Imam Chowk was looted. The incident was witnessed by senior police officers who had fired about hundred rounds in the air. As a result of the aforesaid incident, terror and panic had gripped the area. People had started running helter skelter. The shop keepers had pulled down the shutters of their shops and an atmosphere of insecurity had engulfed the area shattering the peace and tranquillity of the locality. On the basis of the aforesaid written report an F. I. R., copy whereof has been annexed as Annexure 2 to the affidavit accompanying this application, was registered as Case Crime No. 43 of 2007, under Sections-147, 295, 297, 436, 506 and 153 A I. P. C. at P. S.-Kotwali, district-Gorakhpur against the opposite party no. 2 and seven other persons. The investigating agency during the investigation found that on the basis of the material collected during investigation, in addition to the other offences, offence under Section 153 A I. P. C. was also made out against the accused. However, upon completion of investigation he filed a chargesheet on 14.6.2007 against all the accused under Sections-147, 295, 297, 436 and 506 I. P. C. with a note that although offence under Section 153 A was also made out, but the chargesheet under the aboveno