LAWS(ALL)-2013-1-60

YOGESH MISHRA Vs. STATE OF U.P.

Decided On January 24, 2013
Yogesh Mishra Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THIS Criminal Misc. Petition u/s 482 Cr.P.C. has been filed to quash the proceedings of Crl. Case No. 3850 of 2006 (State Versus Yogesh Mishra and Ors.) arising out of case Crime No. 31 of 2006, under sections 323, 325, 504, 506 Indian Penal Code (for short 'I.P.C.') and Section 3(1)X Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') relating to Police Station ­ Kandhai, District ­ Pratapgarh, pending in the court of Judicial Magistrate, Pratapgarh, the order dated 19.8.2006 summoning the petitioner to face the trial (Annexure 2 to the petitioner) and non- bailable warrant by order dated 22.9.2011.

(2.) I have heard learned counsel for the petitioner and learned A.G.A.

(3.) THE only question raised before this court is in regard to competence of the Investigating Officer to conduct the investigation and its effect ?