Ravindra Singh, J. - (1.) Heard Sri V.P. Srivastava, Senior Advocate assisted by Alpana Dwivedi, learned Counsel for the applicants and the learned A.G.A.
(2.) This application has been filed by the applicants Gulzar, Ikrar, Arif Ali, Ahmad Ali, Hazi Mustaq Ali Khan, Mohd. Yaseen alias Jaggu, Mohd. Shakeel Khan alias Phool Miyan with a prayer that the proceedings of case No. 2069 of 2005 State v. Gulzar and Ors. arising out of the charge sheet submitted in case Crime No. 343 of 2005 under Sections 147, 148, 149, 307 and 302 I.P.C. P.S. Bhongaon district Mainpuri, pending in the court of learned C.J.M. Mainpuri and the order dated 14.9.2005 and 28.2.2006 passed by the learned C.J.M. Mainpuri may be quashed.
(3.) It is contended by the learned Counsel for the applicants that in the present case local police has submitted charge sheet but the State Government has referred the matter to the C.B.C.I.D. for doing fur the investigation, which is pending. But the order of the Government referring the matter to the C.B.C.T.D. for investigation is under challenge before this Court, in Criminal Misc. in writ petition No. 12719 of 2005, in which it has been ordered that 'till further orders inquiry by the C.B.C.I.D. may go on but they will not file any report in the court. 1 In such a situation no report has been filed by the C.B.C.I.D. in the court concerned. Therefore, the aforesaid criminal proceedings may be quashed.;