Allahabad High Court
Bharat Singh And Others vs State Of U.P.And And Others on 2 February, 2010
Court No. - 49 Case :- APPLICATION U/S 482 No. - 34532 of 2009 Petitioner :- Bharat Singh And Others Respondent :- State Of U.P.And And Others Petitioner Counsel :- Hitesh Pachori,Virendra Singh Patel Respondent Counsel :- Govt Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. for the State respondent.
The present 482, Cr.P.C. application has been filed for quashing the order dated 10.11.2009 passed by Additional Sessions Judge, court no.1/Special Judge (DAA), Mahoba, whereby Investigating Officer moved an application on 2.11.2009 praying that against the accused, named in the said application, process under Section 82, 83, Cr.P.C. may be issued.
It is contended that the arrest of the applicants was stayed by the order of this Court dated 13.10.2009, copy of which has been filed as annexure-4 to the affidavit. The aforementioned application was moved by the Investigating Officer and order dated 10.11.2009 was passed issuing non-bailable warrant and process under Section 82, 83, Cr.P.C. It is, thus, contended that the order impugned is not sustainable in the eye of law.
Issue notice to the opposite parties no. 2 and 3 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite parties no.2 and 3 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicants one week thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Till the next date of listing no coercive action shall be taken against the applicants in case crime no. 624 of 2009 under Section 147, 148, 149, 504, 506/34, 302 IPC and Section 7, Criminal Law Amendment Act, P.S. Mahobkanth District Mahoba.
Order Date :- 2.2.2010 Ashish