- (1.) This application has been filed with the prayer to quash the order dated 25.2.2016 passed by the learned Additional District & Sessions Judge, Court No. 1, Hathras passed in Criminal Revision No. 268 of 2013 (Rajendra and others Vs. State of U. P. and another) and order dated 9.10.2013 passed by the learned Chief Judicial Magistrate, Hathras in Criminal Complaint Case No. 1320 of 2010 (Yogesh Kumar Vs. Rajendra and others) under Section 302, 201 IPC, Police Station Sasni, district Hathras. It has been further prayed to stay the further proceedings of complaint case aforesaid.
(2.) It is submitted by the learned counsel for the applicants that in the present matter first information report was lodged by the father of the deceased on the basis that an accident took place in which his son died. First information report was registered under Section 279, 304-A IPC. Matter was investigated and final report was submitted. Brother of the deceased moved an application under Section 156 (3) Cr. P.C. after a gap of one and half month giving details as mentioned in the first information report lodged by Ram Prakash and also specifying the role played by the accused person for the offence under Section 302 IPC. Matter was again investigated by the police and again final report was submitted. Protest petition was filed and the same is still pending. Final report submitted in the earlier first information report is also pending.
(3.) Informant of the second first information report i.e. Yogesh Kumar filed a complaint on the basis of same set of facts, as mentioned in the second first information report, suppressing the facts of the final report and court concerned illegally summoned the applicants to face the trial for the offence under Section 302 IPC without considering the fact that police after investigation has submitted final report twice.;