Allahabad High Court
Ram Chander & Others vs State Of U.P. & Another on 16 June, 2010
Court No. - 5 Case :- APPLICATION U/S 482 No. - 20605 of 2010 Petitioner :- Ram Chander & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Ganesh Shanker Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants and learned A.G.A. The present criminal 482 Cr.P.C. application has been filed for quashing the order dated 29.5.2010 passed by learned Chief Judicial Magistrate, District Siddharth Nagar in Criminal Misc. Case No.100 of 2010 whereby application under Section 156(3) Cr.P.C. filed by the opposite party no.2 has been allowed.
It is contended by learned counsel for the applicants that the applicants are peace loving persons. They shall cooperate with the investigation. In case, they are arrested and sent to jail during investigation, the applicants shall suffer irreparable loss. Therefore, the applicants may not be arrested during investigation.
Having heard the submissions and perusing the materials on record, this application is finally disposed of with a direction that pursuant to the impugned order 29.5.2010 passed by learned Chief Judicial Magistrate, Siddharth Nagar, on the application of opposite party no.2, under Section 156(3) Cr.P.C., if any, the case has been registered against the applicants at Police Station Kheshraha District Siddharth Nagar, then investigation in the matter may go on, but the applicants shall not be arrested till the submission of the report under Section 173(2) Cr.P.C. provided they co-operate with the investigation.
With the aforesaid directions, this application is finally disposed off. Order Date :- 16.6.2010 P