Court No. - 40 Case :- CRIMINAL REVISION No. - 5657 of 2009 Petitioner :- Smt. Ranno Devi And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- A.R .Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
This application in revision has been filed by the revisionists for quashing the
order dated 05.10.2009 passed by learned Civil Judge (Junior Division)/
Magistrate-Ist Class Maudaha, Hamirpur in Criminal Misc.Case No. 92/11 of
2009 whereby application under Section 156(3) Cr.P.C. filed by the opposite
party nos.2 and 3 has been allowed.
It is contended by learned counsel for the revisionists that the revisionists are
peace loving person. 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
application in revision is finally disposed of with a direction that pursuant to
the impugned order 05.10.2009 passed by learned Civil Judge (Junior
Division)/ Magistrate-Ist Class Maudaha, Hamirpur on the application of
opposite party nos.2 and 3, under Section 156(3) Cr.P.C., if any, case has
been registered against the revisionists at Police Station Sisolar District
District Hamirpur 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 :- 11.1.2010
YK