Held learned counsel for the applicant and the learned A.G.A.

2. The applicant complainant Ramji Shukla has approached this Court with the prayer to quash the impugned order dated 3-10-2008 passed by C.J.M., Allahabad in complaint case No. 23676/2008 (Ramji v. Sonu Agrawal), under Sections 279, 304-A, 427 I.P.C., P.S. Naini, District Allahabad.

3. A perusal of the complaint instituted by the applicant, vide annexure No. 1 to this application, before C.J.M., Allahabad, registered as complaint case No. 23676/2008 (Ramji v. Sonu Agrawal), indicates that the allegations levelled were that of causing murder of son of applicant Shivanshu aged about 16 years by crushing him under vehicle No. UP 70 AV 2700.

4. It transpires that when the complaint was filed on 14-8-2008, C.J.M., Allahabad was apprise of the fact that in respect of the said incident, a FIR vide crime No. 371 of 2008, under sections 279, 304 A, 427 I.P.C. was already registered which is pending investigation. C.J.M., Allahabad, therefore, stopped the proceedings of the complaint case and called for a report from the police who reported that crime was investigated and a charge-sheet had, already been submitted against