Court No. - 54 Case :- APPLICATION U/S 482 No. - 33692 of 2009 Petitioner :- Mahendra Singh And Others Respondent :- State Of U.P.And Another Petitioner Counsel :- Arvind Agarwal Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
Tis applicant has been filed with a prayer to quash the order dated
12.5.2009 passed by C.J.M. Firozabad in Misc. case No. 363 of 2008
in case crime no. 218 of 2008 under sections 147, 148, 406, 307,
504, 506 IPC P.S. North, District Firozabad whereas the final report
has been rejected and the order of further investigation has been
passed for recording the statements of the witnesses Resham Pal,
Satish and Hari Om under section 164 Cr.P.C.
From the perusal of the record it appears that in the present case the
investigation was done by the I.O. and final report was submitted, the
same was not accepted by learned Magistrate concerned on
13.10.2008 and order of further investigation was passed. The order
dated 12.5.2009 is not suffering for any illegality, therefore, the
prayer for quashing the same is refused.
However, it is directed that during pendency of the further
investigation the petitioner shall not be arrested.
With this direction, this application is finally disposed of.
Order Date :- 4.2.2010
RPD