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Allahabad High Court
Madan Pal Singh vs State Of U.P. & Another on 4 August, 2010
Court No. - 49

Case :- APPLICATION U/S 482 No. - 25053 of 2010

Petitioner :- Madan Pal Singh
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Rajendra Kumar Pandey,B.K.Upadhyay
Respondent Counsel :- Govt.Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the applicant and learned A. G. A. for the State.

The present application under Section 482 Cr. P. C. has been filed for
quashing the order dated 9.7.2010 passed by Chief Metropolitan Magistrate,
Kanpur Nagar in Misc. Case No. 747 of 2009, whereby the 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 applicant that the applicant is a
peace loving person. He shall cooperate with the investigation. In case, he is
arrested and sent to jail during investigation, the applicant shall suffer
irreparable loss. Therefore, the applicant may not be arrested during
investigation.

Having heard the submissions advanced by counsel for the parties and
perused the materials brought on record, this application is finally disposed of
with a direction that pursuant to the impugend order dated 9.7.2010 passed by
the Chief Metropolitan Magistrate, Kanpur Nagar on the application of
opposite party no. 2, under Section 156 (3) Cr. P. C., if any case has been
registered against the applicant at Police Station-Nawabganj, District-Kanpur
Nagar, then investigation in the matter may go on, but the applicant shall not
be arrested till the submission of the report under Section 173 (2) Cr. P. C.
provide he cooperates with the investigation.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 4.8.2010
HR


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