SURYA MANI BHARTIYA; RAJ MANI BHARTIYA; CHANDRA BA Vs. STATE OF U P AND SATYA DEV MISHRA SON OF LATE RAJN

JUDGEMENT

(1.) Heard Shri Satish Trivedi, learned Senior Counsel for the applicants, Shri Lalji Pandey for the complainant and learned Additional Government Advocate representing the State.

(2.) By means of this application the applicants have prayed for quashing of an order dated 4.4.2006 passed by the learned Additional Chief Judicial Magistrate, Court No. 13, Allahabad in case No. 78 of 2006 (State Vs. Surya Mani Bhartiya and others) whereby the learned Magistrate after investigation conducted by the third investigating officer has preferred the investigation report of the earlier two investigating officers and issued non-bailable warrants for the appearance of the applicants.

(3.) In this connection, it may be noted that an application under Sec. 156(3) of the Code of Criminal Procedure (herein after referred to as the Code) was filed by opposite party No. 2 on 2.9.2005. The Magistrate called for a report from the police station Meja, Allahabad, which was favourable to the accused. However, in spite of the said report the learned Magistrate passed an order dated 29.10.2005 directing the police to lodge an FIR. The applicants filed a Criminal Revision No. 4805 of 2005 before this Court and an order was passed on 10.11.2005 directing the police not to arrest the applicants till submission of a report under Sec. 173(2) of the Code. On 12.11.2005 the case was registered against the applicants at case crime No. C-55 of 2005, under sections 323, 395, 504 and 506 Penal Code in which the charge-sheet was submitted against the applicants on 17.12.2005 under sections 307, 323, 325, 504 and 506 IPC.