KAMLESH MEENA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms Vatsala, learned counsel for the applicants and Sri Anil Tiwari, learned Senior Advocate, assisted by Sri Dharmendra Shukla, learned counsel for the respondent no.2 and learned AGA for the State respondent no.1, and perused the record.

(2.) The applicants have invoked the inherent jurisdiction of this Court under Sec. 528 B.N.S.S. for quashing the impugned order dtd. 5/7/2025 passed by the learned Special Judge (S.C./ S.T. Act)/ Additional Session Judge, Agra, passed in Criminal Misc. Case No.3140 of 2025 (Criminal Misc. Application No.251 of 2025) (Veerendra Singh Vs. G.M. Amrendra Kumar and Another), under Sec. 173(4) of B.N.S.S., 2023, Police Station-Etmaauddaulaa, District Agra, whereby SHO Etmaauddaulaa, Police Commissionerate, Agra, has been directed to register an F.I.R. against the present applicants and investigate the same.

(3.) Learned Senior Counsel for respondent No. 2 has raised a preliminary objection with regard to maintainability of the instant application at the behest of the prospective accused, assailing the order dtd. 5/7/2025, whereby a simple direction has been issued for registration of the F.I.R. and investigation of the matter. Thus, with the consent of the parties, maintainability of the instant application at the behest of the prospective accused, before issuance of process or taking of cognizance, is being heard and decided.