( 1 ) HEARD Sri Raza Zaheer on behalf of the applicant and Sri Bireshwar Nath and Sri Janardan Singh for the State.

( 2 ) BY means of this application Ranjeet Singh alias Laddu Singh has prayed for the quashing of the order of the Chief Judicial Magistrate, Lucknow purporting to have been passed under S. 267 of the Code of Criminal Procedure (for short, the Code) in respect of crime No. 496 of 1994 under Ss. 302/120-B, I. P. C. of police station Aliganj, district Lucknow.

( 3 ) THE deceased Sri Susheel Kumar Misra was the Chief Engineer, Mandi Parishad, Uttar Pradesh. He is alleged to have been shot while going on usual morning walk at about 7 a. m. on 7/08/1994. He was rushed to the hospital, but he succumbed to his injuries. The crime was reported by Sri Vinod Kumar younger brother of the deceased at P. S. Aliganj, Lucknow. The applicant is not named in the F. I. R. but his complicity emerged during the course of investigation. The applicant is accused in yet another murder case at Faizabad, that is, Crime No. 326 of 1989 under Ss. 302/323/308/147/148/149, I. P. C. P. S. Cantt. Faizabad. It is averred in paragraph 3 of the affidavit that the applicant is confined in D