MEER KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant by filing present application under Section 482, Cr. P. C, has sought to quash impugned Order dated 9-4-2009 passed In connection with the Criminal Misc. Case No. 7 of 2008 (State v. Meer khan and another) in ST. No. 1064 of 2008 arising out of Case Crime No. 4 of 2007 under Sections 302, 404 and 411, I. P. C of Police Station Kadarchowk, District Budaun.

(2.) THE background facts in a nutshell are as follow; respondent No. 2, Wajih Ullah khan, brother of the deceased (Hasib Dulhey Khan)lodged the F. I. R. under Section 304, I. P. C. at Police Station Kadarchowk, District budaun vide Case Crime No. 4 of 2007 on 9-10-2007 at about 7. 15 p. m. regarding the incident alleged to have taken place on 8-1-2007 at unknown time. The applicants Were not named in the F. I. R. and their names had surfaced as participants in the crime during the course of the investigation. The Investigating Officer of the case after completion of the investigation had submitted charge sheet against them and two others under Sections 302, 404 and 411, I. P. C.

(3.) THE applicant No. 1 was admitted to bail by another Bench of this Court vide order dated 11-1 -2008. The order granting bail to him is being reproduced here in below: