JUDGMENT A. MATEEN, J. 1. Heard Sri Hemai1t Kumar Mishra, learned Counsel for the petitioners and Sri R.K.S. Chauhan, learned Counsel for respondent No. 3 as well as Additional Government Advocate. 2. By means of this petition the petitioners have prayed for quashing the entire proceedings arising out of Case Crime No. 3692 of 2001, under sections 147, 148, 149, 307, 427, 336, 384, 504 and 506 I.P.C. read with section 7 of the Criminal Law Amendment Act, police station Auras, District Unnao. 3. Learned Counsel for the petitioners states that the proceeding is vitiated in law since it is initiated with mala fide intention and the investigation has been done by one Babau Upadhyay (respondent No.2), the then Investigating Officer with prejudiced mind and in spite of there being specific orders of transferring the case to the Special Investigation Cell, he continued with the investigation and submitted charge-sheet. Further submission of learned Counsel for the petitioners is that the case has been registered on account of political vendetta and since the Investigating Officer, namely, Babau Upadhyay was hand in gloves with one of the parties as such a complaint was made against him and the case transferred vide order of Deputy Inspector General of Police to the Special Investigation Cell. Learned Counsel emphatically argued that when the case was transferred to the Special Investigation Cell, Sri Babau Upadhyay, the Investigation Officer again started investigation and ultimately submitted charge-sheet against the petitioners. 4. Office report dated 4.11.2004 indicates that notice has been served upon respondent No.2 vide report of learned Chief Judicial Magistrate, Sitapur but none appears on behalf of respondent No.2. 5. It comes out from the pleading of the parties as well as document annexed thereto that the manner in which the Investigating Officer proceeded with the investigation smells foul. Nonetheless, this Court feels it proper that the petitioners be permitted to raise the objections/pleas taken before this Court before the learned Magistrate concerned and if the petitioners raise objection before the Court concerned where the proceedings are pending, the Court concerned shall dispose of said objections raised by the petitioners before proceeding further in the case. The petitioners are permitted to appear before the learned Magistrate concerned' through Counsel. 6. The petition is disposed of in the above terms. Cri. Petition Disposed Of