LAWS(ALL)-2008-9-40

RAM BABU DIXIT Vs. STATE OF U P

Decided On September 18, 2008
RAM BABU DIXIT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD Sri Amit Daga, learned counsel for the petitioners and the learned Additional Government Advocate. A supplementary-affidavit has also been filed today annexing therein a copy of an application by the Investigating Officer (I.O.) under Section 169, Cr. P.C.

(2.) THIS petition has been filed for quashing an F.I.R. dated 22.8.2008 in Case Crime No. 314 of 2008 under Sections 177, 195 and 182, I.P.C. and 3 (2) (i), (ii), S.C./S.T. Act at Police Station Lahchura, district Jhansi and for stay of the arrest of the petitioners during the pendency of the writ petition.

(3.) LEARNED counsel for the petitioners submits firstly, that as there was only an application under Section 169, Cr. P.C. by the Investigating Officer and no judgment of acquittal of Udal and others in the murder case upto this stage, the F.I.R. against him was premature.