JUDGMENT

Virendra Saran, J. - Devendra Singh Negi alias Debu filed this application on 8.1.1993 modification of my order dated 30.9.1992 passed in Criminal Misc. Application No. 12627 of 1992. It was prayed that the learned Chief Judicial Magistrate/In-charge Sessions Judge, Tehri Garhwal be directed to consider the surrender and bail application of the applicant without further delay.

2. The facts of the case are that an F.I.R. was lodged on 23.3.1992 by one Sanjay Sharma at Police Station Muni Ki Reti, District Tehri Garhwal, under Section 302 I.P.C. and the same was registered as Crime No. 10 of 1992. It was stated in the F.I.R. that on 20.3.1992 at 11 A.M. one Indraject Singh as murdered by three persons, namely, Yogendra Datt Panwar, Nand Kishore alias Nandu and Rishi. There was no mention that any person other than the three named in the F.I.R. also participated in the crime.

3. The applicant filed an application under Section 482 Cr. P.C. stating that the police was trying to arrest him on the strength of so called confession made by co-accused Rishi and Yogendra Singh to the Police which was not even admissible and there was hardly any other material against the applicant.