Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 18623 of 2018 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Kandarp Srivastava, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A. for the State.
This Writ Petition has been filed by the petitioner with a prayer to quash the order dated 22.05.2018 passed by the respondent no.2, S.S.P., Agra by which respondent no.2 directed to further investigate the matter under Section 173 (8) Cr.P.C. in Crime No. 256 of 2015 under Section 269, 270, 338 and 304 I.P.C. registered at P.S. Hari Parvat, District Agra.
Learned counsel for the petitioner submitted that the present petitioner is the informant of the case. He has lodged an F.I.R. against respondent Nos. 4 to 9 in which investigation was concluded and the charge-sheet was submitted against them and court has taken cognizance of the same. Learned counsel further submitted that the petitioner had moved an application before the C.M.O. for enquiry to be conducted of the doctors but no orders were passed by the C.M.O. and one of the doctors had filed a revision before the lower revisional court against the summoning order which is stated to be pending and two other doctors had filed an application under Section 482 Cr.P.C. No. 19726 of 2018 in which they have challenged the proceedings which has been stayed by the learned Single Judge of this Court, the order of which has been taken on record. He further states that after two years of the incident, S.S.P., Agra has ordered for further investigation in the matter, hence, petitioner has come up for quashing of the order passed by S.S.P.
Learned A.G.A. opposed the prayer for quashing.
Perusal of the order passed by S.S.P., Agra shows that there is no illegality in the same, hence, petition lacks merit and is accordingly, dismissed.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 26.7.2018 A. Mandhani