The court established that similar cases among co-accused warrant equitable treatment and protection from irreparable harm during legal proceedings.

Hon'ble Rajeev Misra,J.

Heard Mr. Ram Prakash Ram, the learned counsel for applicants and the learned A.G.A. for State. Even though the name of Mr. Ravindra Pratap Singh, the learned counsel for opposite party-2, is published in the cause list but neither he nor anyone on his behalf is present to oppose this application.

2. Perused the record.

3. Applicants- Balwant Rajbhar And 3 Others who are charge sheeted accused have approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:

It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the instant application Under Section 482 Cr.P.C. and to quash the Impugned Charge Sheet dated 07.09.2022 as Well as Criminal Proceeding in Case No. 111348 of 2023 arising out of Case Crime No. 205 of 2022 (State Vs. Krishna Kumar and others) under Section 147, 504, 506 I.P.C. Police Station Rohania District Varanasi pending before the court of Special Chief Judicial MagistrateVaranasi and concerned Magistrate took cognizance on charge sheet on 12.10.2023 and same day issued the summon against the applicants:

It is further stated that the criminal proceedings is Case No. 111348 of 2023 arising out of Case Crime No. 205 of 2022 (State Vs. Krishna Kumar and others) under Section 147, 504, 506 I.P.C. Police Station Rohania District Varanasi pending before the court of Special Chief Judicial Magistrate Varanasi may be stayed, forthwith meanwhile, otherwise the applicants shall suffer irreparable loss and injury, And/or pass such other and further order as it is thinka fits and ends of justice.

4. At the very outset, the learned counsel for applicants contends that co-accused Krishna Kumar @ Vijay Rajbhar and 8 Others have already approached this Court by means of an Application U/S 482 No. 619 of 2024 (Krishna Kumar @ Vijay Rajbhar and 8 Others Vs. State of U.P), wherein an interim order dated 15.2.2024, has been passed. For ready reference, the said order is reproduced herein under:

"The instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 111348 of 2023, State v. Krishna Kumar and others, arising out of Case Crime No. 205 of 2022, under Sections 147, 504, 506 I.P.C., Police Station Rohania, District Varanasi pending in the Court of the Special Chief Judicial Magistrate, Varanasi as well as charge-sheet dated 07.09.2022 and the cognizance order dated 12.10.2023 passed in the said case.

Learned counsel for the applicants submits that a civil dispute is pending between the applicants and the mother of the opposite party no. 2 before the Court of the Commissioner, Varanasi Division, Varanasi, being numbered as Appeal No. 615 of 2018, Siyaram and others v. Smt. Nirmala Singh and others. The instant prosecution has been instituted against the applicants for further embarrassment.

Matter requires consideration.

Learned A.G.A. has accepted notice on behalf of the State- opposite party no. 1.

Issue notice to the opposite party no. 2.

The opposite parties are granted six weeks' time to file counter affidavit.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Place this case on 18.04.2024 in the additional cause list.

Till the next date of listing no coercive action shall be taken against the applicants in the aforesaid case. "

5. On the aforesaid premise, the learned counsel for applicanta submits that case of present applicant is similar and identical to aforementioned co-accused. Both the applications are out of the same case crime number. In view of above, both the applications are required to be heard together. However, the pleadings have not been exchanged. He therefore, submits that irrespective of above, the liberty of present applicants is also liable to be protected.

6. Per contra, the learned A.G.A. for State has opposed the present application. However he could not dislodge the factual and equitable submissions urged by the learned co