Allahabad High Court
Kedar Nath And 2 Others vs State Of U.P. And 8 Others on 17 March, 2020
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 52 Case :- APPLICATION U/S 482 No. - 9015 of 2020 Applicant :- Kedar Nath And 2 Others Opposite Party :- State Of U.P. And 8 Others Counsel for Applicant :- Onkar Singh,Prabhakar Chandel Counsel for Opposite Party :- G.A. Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicants and learned AGA for the State-respondents.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 31.1.2020 passed by Sub Divisional Magistrate, Sadar, District- Fatehpur in Case No.549 of 2020, computerized case no.T202002250100549 (Harish Chandra and others Vs. Kedarnath and others), under Sections- 145/146 Cr.P.C., Police Station- Thariyaon, District- Fatehpur.
Learned counsel for the applicants submitted that an order dated 31.1.2020 was passed by Sub Divisional Magistrate, Sadar, District- Fatehpur against the applicants under Section 146(1) Cr.P.C. Against which, they have preferred Criminal Revision No. 6 of 2020, which was admitted and further 7.4.2020 has been date fixed for disposal of stay application. He next submitted that notice was issued, but to linger on the revision, summons were not accepted by opposite party nos. 1 to 9 and ultimately, 7.4.2020 has been date fixed for disposal of stay application. Lastly, he submitted that direction may be issued to the Court below to decide the stay application at the earliest, if possible, on the next date fixed and further till then status quo may be maintained as on date.
Considering the facts and circumstances of the case, the application is disposed of with direction to the Court below to decide the stay application of applicants at the earliest, if possible on the next date fixed i.e. 7.4.2020, but in all eventuality maximum within a period of three months from the date of production of certified copy of this order.
Till the disposal of stay application, parties shall maintain status quo as on date.
Order Date :- 17.3.2020 Junaid