RAVINDRA SINGH, J. - (1.) HEARD Sri Awdhesh Rai learned Counsel for the petitioner and learned A.G.A.
(2.) THIS petition has been filed against the order -dated 28 -2 -2005 passed by the learned C.J.M., Mau, whereby the application filed by the respondent No. 4 was allowed and N.B.W. was issued against the petitioner. The facts in brief of this writ petition are that an application under Section 156(3) Cr. P. C. was filed by respondent No. 4 Jai Nath Singh in the Court of learned C.J.M., Mau with a prayer to issue a direction to police station concerned to register the case and investigate the same. On that application, the learned C.J.M., Mau passed order dated 1 -9 -2003 observing that it is a liability of the police department to register the case. Therefore, the application was sent to the Superintendent of Police, Mau for taking necessary action. Thereafter, the F.I.R. was registered at the police station Sarain Lakhansi in Case Crime No. 519 -A of 2003 under Sections 147, 148, 149, 307, 323, 336 I.P.C. and Section 7 of the Criminal Law Amendment Act. The matter was investigated and the charge -sheet was submitted by the I.O. against the petitioner in the Court of the learned C.J.M., Mau on which the cognizance was taken by the learned C.J.M., Mau on 30 -7 -2004 and the petitioner was summoned to face the trial. The petitioner challenged the order -dated 1 -9 -2003 passed by the learned C.J.M., Mau by way of filling of Criminal Revision No. 1 of 2003. The same was allowed on 10 -12 -2004 by the learned Additional Sessions Judge, Court No. 1, Mau and the order dated 1 -9 -2003 was set aside and the learned C.J.M., Mau was directed to pass a fresh order on the application under Section 156(3) Cr. P. C. filed by the respondent No. 4, in accordance with the provisions of law.
(3.) THEREAFTER the petitioner challenged the F.I.R. lodged by the respondent No. 4 in Case Crime No. 519 -A of 2003 by way of filling Criminal Misc. Writ Petition No. 5357 of 2003 before this Court. The same was finally disposed of by the Division Bench of this Court on 15 -9 -2003, whereby the prayer to quash the F.I.R. was refused, but the direction was issued to the Courts below that in case the petitioner appears before the Court and applies for bail, the prayer for bail shall be considered expeditiously, if possible on the same day.;