- (1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 72 dated 22.4.2003 (Annexure P-1), under Sections 307, 323, 506, 148, 149 of the Indian Penal Code, 1860 ('IPC' for short), registered at Police Station Sadar Khanna; order dated 11.9.2008 (Annexure -8) and all the subsequent proceedings arising therefrom.
(2.) Learned counsel for the petitioners has submitted that the Magistrate has declined the application moved by the prosecution for discharge of the petitioners on the ground that offence under Section 307 IPC was triable by the court of Sessions. However, offence under Sections 307 IPC and 25 and 27 of the Arms Act, 1959 had already been deleted from the FIR vide zimni dated 26.4.2003. Due to this reason, petitioner No.1 was released on bail by the Magistrate vide order dated 28.4.2003.
(3.) Learned State counsel, who is assisted by ASI Malkiat Singh, has not disputed the fact that offence under Sections 307 IPC and 25 and 27 of the Act had been deleted from the FIR. Learned State counsel has further submitted that after due investigation, cancellation report had been submitted but no order on the same could be passed as the complainant was not traceable. Thereafter, application for discharge of the petitioners was moved.;