OMVEER Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Petitioner Omveer is the first informant of FIR of Crime. No. 302 of 2007, under Sections 302, 307, IPC, police station Bisrakh, District Gautam Budh Nagar. The said FIR was lodged on 2-12-2007 at 4. 30 p. m. in respect of a murder executed on the same day at 1. 45 p. m. The malefactors named in the FIR are Charan Singh, Sunder, Vijendra and Hoshiyar Singh. Luxman had died in the said incident whereas Yogendra had sustained serious injuries.

(2.) REGISTRATION of FIR engineered the investigation. Two of the accused Charan Singh and Sunder preferred Criminal Miscellaneous Writ Petition No. 2405 of 2008 for quashing of the said FIR and stay of their arrest and the matter to be get investigated by C. B. I. The said writ petition came up before us, which was dismissed on 28-2-2008 by observing that the charge-sheet has already been submitted and hence, the writ petition had become in fructuous.

(3.) IT was at this stage, that accused persons approached C. J. M. Gautam Budh Nagar praying for further investigation under Section 173 (8), Cr. P. C. The said prayer of the accused persons was rejected by C. J. M. Gautam Budh Nagar vice his order dated 26-3-2008 vide Annexure 5 to this writ petition.