Poonam Srivastava, J. - (1.) Heard learned counsel for the parties.
(2.) The present application under Section 482 Cr.P.C. has been filed to quash the order dated 1.10.1997 passed by the Chief Judicial Magistrate, Jalaun in Case No. 4140 of 1997, under Sections 147, 148, 149, 323, 353, 336, 436, 307, 427 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station Jalaun, District Jalaun.
(3.) The facts of the present case is that the F.I.R was lodged by Nand Lal Dixit, Inspector Incharge, Police Station Jalaun relating to an occurrence, alleged to have taken place on 24.9.1988. The allegation of the F.I.R. was relating to an incident which took place on the date and time of occurrence, specific allegation was that about 500-600 people formed an unlawful assembly and started to cause damage at the police station Jalaun. The unlawful assembly was headed by one Zaheer, a local Neta, Aslam and Ashraf Advocates and one Radhey Shyam Dixit of Lokdal. There were 35 accused named in the F.I.R. The investigation was transferred to C.B.C.I.D. and it has been stated in the affidavit that a charge sheet was filed which is annexed as Annexure-2 to the affidavit. An application was filed by the Public Prosecuting Officer under Section 321 Cr.P.C. on 18.9.1997 alongwith copy of the permission of the State of U.P. vide order No. 121 PIP/7-Nyay-5-97 dated 11.9.1997 as amended up to date. The State Government had permitted the Public Prosecuting Officer after taking all the facts and circumstances in to consideration for withdrawal of the case. The permission was also annexed with the said application which was dismissed by the Chief Judicial Magistrate, Jalaun at Orai vide order dated 1.10.1997 which is sought to be quashed in the present proceedings.;