Since both these applications relate to the same crime number, hence, they are being taken up together.
1. Heard the arguments advanced by Shri Bhanu Bhushan Jauhari, learned counsel appearing on behalf of the applicants and in opposition, Shri S.P.S. Chauhan, learned counsel, is appearing on behalf of opposite party no. 2 and Shri G.P. Singh, learned Additional Government Advocate, is appearing on behalf of the State of Uttar Pradesh. Perused the record.
2. By way of instant applications under Section 482 of the Code of Criminal Procedure, 1973 (for short “Code”), prayer has been made on behalf of the accused-applicants to quash the entire proceedings of Criminal Case No. 5426 of 2012 (State v. Dr. Adil and others), arising out of Case Crime No. 506 of 2012, under Section 304A of the Indian Penal Code, 1860 (for short “I.P.C.”), Police Station – Civil Lines, District – Aligarh, pending in the court of Additional Chief Judcial Magistrate, Court No. 3, Aligarh as well as the summoning order dated 09.10.2012 passed by Chief Judicial Magistrate, Aligarh.
3. In order to appreciate the arguments advanced by the respective learned counsel, it would be appropriate to give in a nutshell facts of the case, which are as follows :
