KHALID KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Pramod Kumar, learned counsel for the applicants and Shri Pankaj Srivastava, learned AGA for the State respondents.

(2.) The instant application U/S 482 Cr.P.C has been filed seeking quashing of the order dtd. 28/7/2023 passed by the learned Chief Judicial Magistrate, Ghaziabad in Misc. Case No.1357 of 2023 (Khalid Khan Advocate and another Vs. Mukesh Solanki and others), whereby in an application u/s 156(3) Cr.P.C, learned Magistrate has directed for a preliminary inquiry to be conducted by the Sub Divisional Magistrate, Modinagar, with regard to the allegations made in the application u/s 156(3) Cr.P.C.

(3.) The brief facts of the case are that one Satyendra Pal was murdered, for which a Case Crime No.620 of 2022 (State Vs. Aakash alias Tasni and others), u/s 302/32, 120-B IPC, was registered at P.S. Muradnagar, District Ghaziabad on the complaint of Sonu Pal S/o deceased Satyendra Pal. Though in the complaint, the accused were named, however, the police after investigation arrested another son of said deceased Satyendra Pal namely Monu Pal for the murder of his father Satyendra Pal. He was produced before the Chief Judicial Magistrate on 10/7/2023 and the police sought the remand of the said accused Monu Pal. The said remand was granted by the learned Chief Judicial Magistrate subject to the following conditions;