Om Prakash, J. - (1.) This Criminal Misc. Writ Petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 10.04.2015 passed by Additional Sessions Judge, Deoband, Saharanpur in Criminal Revision No. 13 of 2015 as well as the order dated 24.11.2014 passed by the Additional Chief Judicial Magistrate, Deoband, Saharanpur in case No. 158 of 2014.
(2.) Counter and rejoinder affidavits have been exchanged between the parties.
(3.) It appears that on 19.02.2013 an F.I.R. was lodged at police station concerned by the petitioner No. 1 at Crime No. 106/13 under Ss. 147, 148, 149, 302, 307, 506 IPC against Thath Singh, Amar Singh @ Ghhoghhu, Kunwar Pal, Shiv Kumar and Vijay @ Vija with the allegation that they have committed the murder of Rajeev the nephew of the informant Tej Singh (petitioner). Police submitted the charge -sheet and trial proceeded in the matter. Perusal of record also goes to show that respondent No. 2 Pooran Singh @ Punna moved an application under Sec. 156(3) Cr.P.C. before the court concerned implicating the petitioners for committing the murder of Rajeev Singh for whose death, F.I.R. had already been lodged at Crime No. 106/13 mentioned above. Police after investigation submitted final report. Protest petition was filed. The concerned Magistrate treated the protest petition as complaint rejecting the final report and after collecting the evidence on the complaint, summoned the petitioners to face the trial for the offences under Sec. 147, 148, 149, 302, 307, 506 IPC.;