PIYARE LAL Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicants Piyare Lal and Pravesh Kumar with a prayer that the order dated 7.4.2008, passed by learned Special Judicial Magistrate (C.B.I.), Ghaziabad, in Case No. RC-9(S)/06/CBI/SCB-II/Delhi, C.B.I. v. B. P. Singh Dhakarey and others, by which the N.B.W. has been issued against the applicants may be quashed.

(2.) THE brief facts of this case are that the F.I.R. of Case Crime No. 7 of 2004 under Sections 147, 148, 149, 307 and 506, I.P.C., P. S. Rakaganj, District Agra has been registered on 7.1.2004 which is under investigation of C.B.I. During the course of investigation the Investigating Officer has moved an application before the court of learned Special Judicial Magistrate (C.B.I.), Ghaziabad for issuing the N.B.W. against the applicants and co-accused Shakti Singh Dhakrey and Bhagwan Singh, the same has been allowed and the N.B.W. has been issued against the applicants and other co-accused persons.

(3.) IT is further contended that Investigating Officer of this case has illegally applied for obtaining the N.B.W. and the same has been illegally issued by the learned Magistrate concerned vide order dated 7.4.2008. The impugned order dated 7.4.2008 is illegal and it may be set aside.