Allahabad High Court
Manoj @ Ase & Others vs State Of U.P. on 27 July, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 50 Case :- CRIMINAL REVISION No. - 2827 of 2010 Petitioner :- Manoj @ Ase & Others Respondent :- State Of U.P. Petitioner Counsel :- A.C. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
Relying on (2000) 10 SCC 438, State through CBI Vs. Dawood Ibrahim Kaskar and others, it has been argued by Mr. Sushil Shukla holding brief of Mr. A. C. Srivastava, learned counsel for the revisionist that u/s 73 Cr.P.C. a Magistrate has the power to issue warrant during the investigation also but such powers can be exercised for appearance in the Court only and not for the aid of the police in investigation. He further argued that the order impugned in this revision was passed for appearance of the revisionists before the police during investigation.
Issue notice to the respondents, who may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List immediately thereafter.
Till then no coercive steps shall be taken against the revisionists in pursuance of the order dated 25.6.2010 passed by the C.J.M. Gautam Buddh Nagar, in Case Crime No. 211 of 2010, State Vs. Manoj and others. However, it is made clear that the investigation shall go on.
Order Date :- 27.7.2010 Pcl