JUDGMENT :

(Jyotsna Sharma, J.)

1. Heard Sri Manish Singh, learned counsel for the petitioner and learned A.G.A. for the State.

2. This civil misc. petition under Article 227 of the Constitution of India has been filed by the petitioner-Chhote Lal Sharma with a prayer to stay the effect and operation of order dated 21.11.2022 passed by learned Chief Judicial Magistrate, Baghpat in Case No.4065 of 2014 "State vs. Chhote Lal Sharma), under sections-307, 302 and 34 I.P.C., Police Station- Kotwali Baghpat, District- Baghpat.

3. The relevant facts related to this petition are as below:-

(i) On the basis of an F.I.R. lodged by respondent no.2-Laxmi Chandra, being Case Crime No.44 of 2014, under sections-147, 148, 149, 302, 307/34 I.P.C., the matter was investigated and a charge-sheet was filed on 11.04.2014. Later on, investigation was handed over to CBCID vide order dated 05.05.2014.

(ii) As per contention of the petitioner, despite the stay order of the High Court passed in Criminal Misc. Writ Petition No.12096 of 2014, the CBCID filed a charge-sheet under sections-302, 307 read with section34 I.P.C.

(iii) The Chief Judicial Magistrate, Baghpat vide order dated 30.07.2014 took cognizanc