RAJIV KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Pankaj Kumar Shukla, learned Counsel for the applicants, Sri D.P. Singh, learned Counsel for the Opp. Party No. 2 and the learned A.G.A. for the State.

(2.) ON prayer of the Counsel for the applicant, earlier Misc. Application No. 5059 of 2005 filed earlier by the applicants stands withdrawn.

(3.) ON an application filed by the Opp. Party No. 2 before the Special Chief Judicial Magistrate, Allahabad alleging that the applicant accused had forcibly carried away crop of wheat and mustered of Opp. Party No. 2, lying on the land in question, the Magistrate under Section 156 (3) Cr.P.C. ordered the police to register a criminal case and to investigate the same. The police filed a final report, which Opp. Party No. 2 protested and the Magistrate after rejecting the final report and treating it as a complaint case ordered to issue process against the accused -applicants under Section 379 of Indian Penal Code, vide order dated 11 -3 -2005. Since the accused did not appear, the Magistrate has ordered to issue non -bailable warrants against the accused -applicant.