G.P.MATHUR, J. - (1.) This petition under Article 226 of the Constitution has been filed for quashing the proceedings of case No. 2543/9 of 1998 under Section 302, I.P.C., P.S. Kotwali which is pending before C.J.M. Muzaffarnagar and also the F.I.R. of the said case on the basis of which Crime No. 169 of 1998 was registered at the concerned Police Station.
(2.) The F.I.R. of the incident (annexure) was lodged by Sadakat. It is also alleged therein that the complainant and his father were going to the Mosque at about 5.45 a.m. on 3-5-1998 for the purpose of offering prayers. When they reached near the Mosque, Sadakat and Sarafat alias Bhure caught hold of the complainant's father and Shaukat accused fired upon him. The F.I.R. was lodged at 7.10 a.m. on 3-5-1998 at P.S. Kotwali. The Police after investigation submitted charge-sheet in the Court of C.J.M. on 22-6-1998.
(3.) Sri Ramendra Asthana, learned counsel for the petitioner has submitted that the State Government had passed an order on 23-6-1998 directing that the investigation of the case shall be done by C.B., C.I.D. and therefore, the charge-sheet submitted by the Police deserves to be quashed. Learned counsel has also urged that though charge-sheet bears the date 20-6-1998 but the same has been anti dated with the object of defeating the order passed by the State Government. In support or his submission, learned counsel has placed reliance on State of Bihar v. P.P. Sharma, AIR 1991 SC 1260 (Para 60).;