SHARDA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard learned Counsel for the revisionist and the learned A. G. A.

(2.) SRI S. N. H. Zaidi, Sessions Judge, Gautam Budh Nagar without caring to look into the law has passed the impugned order of staying the arrest of the accused, illegally and without any jurisdiction. I am constrain to observe this because while passing the impugned order dated 8-11-2006 in Criminal Revision No. 122 of 2006, Ram Avtar and nine Ors. v. Smt. Sharda and Anr. , he not only entertained the revision against an interlocutory pre-cognizance order of an administrative nature under Chapter XII Cr. P. C. passed under Section 156 (3) Cr. P. C. ignoring bar under Section 397 (2) Cr. P. C. but also directed the police not to arrest the opposite parties who were charged with commission of a cognizable offences of murdering Abid minor son of the applicant Sharda by sacrificing him and thening burning his body by electrocution.

(3.) THE prospective accused in the said application challenged the said order passed by the Magistrate under Section 156 (3) Cr. P. C. which has been decided by Sessions Judge Gautam Budh Nagar by passing the impugned order.