RAVINDRA SINGH, J.

This application has been filed by the applicant Sajid with a prayer to quash the charge-sheet of case crime No. 88 of 2006 under sections 302, 307 and 120-B I. P. C. P. S. Bhawanpur district Meerut and also to quash the further proceedings arising out of the charge-sheet pending in the Court of learned Chief Judicial Magistrate, vide criminal case No. 3502 of 2006.

2. The facts of the case in brief are that the F. I. R. has been lodged by the ap plicant Sajid against Ikram, Abrar, Man-zoor and Babu on 29. 5. 2006 at 2. 05 a. m. at P. S. Bhawanpur in respect of the incident which had allegedly occurred on 29. 5. 2006 at about 1. 30 a. m. , the distance of the police station was 4 km from the alleged place of occurrence, alleging therein that in the night of 28/29. 5. 2006, the first informant was sleeping on the roof of his house, his maternal uncle, the deceased Intizar, his injured brother Haroon alongwith the fam ily members were sleeping in their gher, at about 1. 30 a. m. the accused Ikram and Abrar entered into gher, accused Manzoor and Babu remained at the gate of the gher, at the exhortation of the accused Babu, ac cused Ikram caused gun shot injury by 315 bore country made pistol on the person of the deceased Intizar, on hearing the sound of firing the injured left his cot and ran from there, the gun shot was discharged on him also by the accused Abrar at the exhortation of the accused Babu, the deceased Intizar died on the spot, the injured Haroon and the first informant went to the police station to lodge the F. I. R. According to the post-mortem examination report of the de ceased Intizar, he had sustained one gun shot wound of entry, having its exit wound and the injured Haroon had sustained multiple circular lacerated wounds caused by the firearm, after investigation it was found by the I. O. that the named accused Ikram, Babu, Abrar and Manzoor were falsely implicated, the offence

was commit ted by the applicant, co-accused Haroon and Safayat and submitted the charge-sheet against them, the report for initiating the proceedings under section 182 I. P. C. were also submitted by the I. O. against the applicant Sajid because he had lodged the false F. I. R.

3. Heard Sri S. S. Shah, learned Counsel for the applicant, learned A. G. A. for the State of U. P. , and Sri Nisaruddin and Shri Irshad Husain learned Counsel for Babu.

4. It is contended by the learned Counsel for the applicant that in the pres ent case F. I. R. has been lodged by the ap plicant in which four persons were the ac cused, it was a prompt F. I. R. in the said incident maternal uncle of the applicant has been shot dead and brother of the ap plicant namely Haroon had sustained gun shot injury, the prosecution story is fully i corroborated by medical evidence, even then the named co-accused persons have been exonerated by the I. O. but the appli cant and his brother, who had sustained injuries in the said incident, have been made the accused under the political influ ence exerted by the local M. L. A. who had been the Minister also, the I. O. was not doing fair investigation and he had made up his mind to exonerate the real accused persons, who were named in the F. I. R. , so that he arrested one Safayat on 25. 4. 2006, who has been charge-sheeted subsequently, and recorded his statement who nominated the injured Haroon and other accused, the applicant being aggrieved from the investi gation, sent letter dated 10. 7. 2006 to the Secretary Home for transferring the inves tigation from the district Meerut to some other district or transfer the matter to C. B. C. I. D. but no response was given by the Home Secretary, then the applicant ap proached the High Court by way of filing a criminal Misc. Writ Petition No. 9431 of 2006 in which the arrest of the applicant was stayed vide order dated 7. 8. 2006, thereafter the local police submitted the charge-sheet in a hurry having the appre hension of transferring the investigation to C. B. C.

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