Heard learned counsel for the applicant and learned A.G.A.
This application has been filed with a prayer to quash the order dated 25.8.2010 passed by Addl. Civil Judge/ Judicial Magistrate, Raebareli in misc. application No. 218 of 2010 whereby the application under section 156(3) Cr.P.C. has been rejected.
From the perusal of the record it appears that the application has been rejected on the ground that in respect of the same incident the FIR has been lodged. The learned Magistrate concerned has not committed any error in passing the impugned order dated 25.8.2010, therefore, the prayer for quashing the same is refused.
However, considering the facts, circumstances of the case, it is directed that in case applicant provide the evidence to the I.O. in respect of the same incident, the same may be considered.
With this direction, this application is finally disposed of.
Order Date :- 10.12.2010 RPD