- (1.) This application under section 482 Cr.P.C. has been filed against the order dated 22.07.2014 passed by Additional Chief Judicial Magistrate, Court No.-9, Aligarh in Criminal Case No. 929/ 2013 by which application dated 21.07.2014 of accused for dropping the proceedings of the case was rejected.
(2.) In matter before the trial court, after investigation police has submitted charge-sheet against Umesh Yadav and others for offence punishable under sections 147, 148, 149, 307, 323, 504, 506 IPC in matter relating to case crime no. 5A/2007, of p.s. Kuarsi, district Aligarh. Then accused moved application for further investigation which was allowed. After the further investigation police had submitted its additional report, the finding of which was against the findings of earlier police report u/s 173(2) CrPC (charge sheet). Then defense side had moved application dated 21.07.2014 in which following prayer was made:-
(3.) "That in view of law laid down in Vinay Tyagi's case, this Hon'ble Court may be pleased to consider the report under section 173(2) and drop the proceedings.";