Court No. - 45 Case :- APPLICATION U/S 482 No. - 26710 of 2010 Petitioner :- Prakash Narayan Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Rajendra Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A.
The present application under Section 482 Cr.P.C., has been filed
for quashing the order dated 30.06.2010 passed by learned
Additional Chief Judicial Magistrate, Court No.7, District Varanasi
in Case No. 61 of 2010, District Varanasi, 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 applicant that the
applicant is 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 and perusing the materials on record,
this application is finally disposed of with a direction that pursuant
to the impugned order 30.06.2010 passed by learned Additional
Chief Judicial Magistrate, Varanasi, 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 Phoolpur, District
Varanasi 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. provided they co-operate with the
investigation.
With the aforesaid directions, this revision is finally disposed off.
Order Date :- 9.8.2010
S.Ali