Court No. - 16 Case :- CRIMINAL REVISION No. - 5634 of 2009 Petitioner :- K.K. @ Siddique And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Rajesh Kumar Chitragupt Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists and learned A.G.A.
This application in revision has been filed by the revisionists for
quashing the order dated 09.12.2009 passed by learned Chief
Judicial Magistrate, District Siddharth Nagar in Misc. Criminal Case
No. 1325 of 2009 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 revisionists that the
revisionists are peace loving persons. They shall cooperate with the
investigation. In case, they are arrested and sent to jail during
investigation, the revisionists shall suffer irreparable loss. Therefore,
the revisionists may not be arrested during investigation.
Having heard the submissions and perused the materials on record,
this revision is finally disposed of with a direction that pursuant to
the impugned order 09.12.2009 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, case has been registered
against the applicants at Police Station Mishraulia District Siddharth
Nagar then investigation in the matter may go on, but the
revisionists 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 revision is finally disposed off.
Order Date :- 8.1.2010
YK