V.K. JAIN, J.

1. This is a petition under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 1st August 2009 passed by ACMM, New Delhi under Section

156(3) of the Code of Criminal Procedure directing registration of FIR on a complaint filed by one Mohd. Rafique.

2. An FIR bearing No. 624/2005 under Section 302/34 of IPC was registered at Police Station Shahdara on 22nd December 2005, on the complaint filed by the petitioner regarding murder of his brother Mohd. Rashid by four persons including Mohd. Rafique, on whose compliant, the impugned order has been passed. Chargesheet against four persons including Mohd. Rafique was filed on 16th March 2006 and the case is pending trial before the Court of Sessions.

3. In his complaint, filed on 21st July 2006, Mohd. Rafique alleged that on 22nd December 2005, when he was sitting in the house of his sister Aamna, at about 9 PM, he came out hearing some noise and found some boys abusing each other. He further alleged that when he objected to this, deceased Mohd. Rashid intervened by asking as to whether the road belonged to his father. This, according to the complainant, was followed by exchange of h