JUDGMENT :

1. Heard Sri S.N. Singh, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

2. By way of present application, applicants made prayer to quash the charge-sheet no. 1 of 2020 dated 01.01.2020 as well as cognizance/summoning order dated 20.03.2020 and the proceedings of Case No.232 of 2020 (State Vs. Om Prakash and another) arising out of Case Crime No. 212 of 2019, under Sections 323, 504, 506, 308 IPC, Police Station Usrahar, District Etawah pending in the court of Additional Chief Judicial Magistrate-IV, Etawah.

3. According to the FIR of the present case, on 09.11.2019 at about 9.00 AM in the morning, applicants assaulted opposite party no.2 and others through wooden sticks while they were working in the field and due to their assault, Ravindra Kumar sustained serious injuries and he was referred to Etawah for treatment. FIR of the present case was lodged on 28.11.2019 under Sections 323, 504, 506 IPC and during investigation, it revealed that actually two persons sustained injuries, namely Anoop Kumar and Ravindra Kumar and both were medically examined. During investigation, it further revealed that in the incident skull bone of Ravindra Kumar fractured and during investigation, the Investigation Officer also recorded the statements of injured witnesses and other eye witnesses and submitted charge-sheet on 01.01.2020 against the applicants under Sections 323, 504, 506, 308 IPC. After submission of charge-sheet, court below on 20.03.2020 took the cognizance and issued summons to the applicants.

4. Learned counsel for the applicants submitted that applicants have been falsely implicated in the present matter and the FIR of the present case was lodged after about 20 days of the incident and this fact itself shows that FIR is totally false and baseless. He further submitted that out of two persons who sustained injuries, one person namely, Anoop Kumar sustained simple injuries and other injured person, namely Ravindra Kumar, who also alleged to sustained injuries, but his injury report is not on record and only his X-ray report is on record. However, his X-ray report shows that his parietal bone was fractured but as there is no injury report of Ravindra Kumar on record, therefore, merely on the basis of X-ray report, charge-sheet under Section 308 IPC cannot be filed. He further submitted that earlier a day before i.e. 08.11.2019, the side of opposite party no.2 assaulted the applicants side and due to their assault from the side of applicants several persons sustained injuries and FIR was also lodged from applicant side. He further submitted that after lodging the FIR from applicants side, the opposite party no.2 with intention to save skin, lodged the FIR of the present case on false allegations and without any proper investigation charge-sheet was filed against the applicants in the present matter.

5. He next submitted that the cognizance order of the present case is bad as it is cryptic in nature and passed in printed proforma and from the perusal of the cognizance order, it reveals that it was passed without any application of mind. He placed reliance on the following judgments.

(i) Application under Section 482 Cr.P.C. No. 19647 of 2009 (Ankit Vs. State of U.P. and another) decided on 15.10.2009.

(ii) Application under Section 482 Cr.P.C. No. 17364 of 2020 (Emmanuel Masih and others Vs. State of U.P. and another) decided on 04.01.2021.

(iii) Application under Section 482 Cr.P.C. No. 683 of 2021 (Ved Krishna Vs. State of U.P. and another) decided on 11.02.2021.

(iv) Application under Section 482 Cr.P.C. No. 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. and another) decided on 09.08.2021.

(v) Application under Section 482 Cr.P.C. No.41617 of 2019 (Vishnu Kumar Gupta and another Vs. State of U.P. and another) decided on 11.11.2020.

6. Per contra, learned AGA submitted that there is specific allegations against the applicants in the FIR as well in the statement