This is an application under section 482 Cr. P. C. for quashing the order dated 18. 9. 2006 passed by the C. J. M. Fatehpur in Case Crime No. 4862 of 2004 (State v. Nihal Singh and others) under sections 304, 394, 504, 506 I. P. C. , P. S. Jafarganj District Fatehpur.

2. The facts relevant for disposal of this application are that on 2. 6. 2004 at about 8. 15 P. M. an F. I. R. was registered at police station Jafarganj District Fatehpur as Case Crime No. 26 of 2004 under sections 21/22 N. D. P. S. Act on the basis of recovery memo prepared by Sri Nihal Singh, then S. O. of Police Station Jafarganj who is applicant No. 1 in the present case. It has been stated therein that on the aforesaid date at 3. 35 P. M. the aforesaid S. O. Nihal Singh along with other members of police party named, Shiv Nath Sonkar, Lalman and Udaiveer Singh, (the applicants No. 2 to 4 in the present case) and Phool Chandra and Kashi Singh proceeded on the Government Jeep from the police station to Garhi Tiraha and there they received information that at village Barwa, Bhaiyadeen and his wife were running business of sale of smack. Then he called S. I. Sri Amrish Kaushik, constable Jagat Lal