Teerath And Ors. vs The State Of U.P And Anr.
2012 Latest Caselaw 2325 ALL

Citation : 2012 Latest Caselaw 2325 ALL
Judgement Date : 29 May, 2012

Allahabad High Court

Teerath And Ors. vs The State Of U.P And Anr. on 29 May, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1858 of 2012
 

 
Petitioner :- Teerath And Ors.
 
Respondent :- The State Of U.P And Anr.
 
Petitioner Counsel :- Pankaj Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioners contends that earlier commission of offence under Section 435 I.P.C. was alleged. Petitioners were released on bail for the said offence. The investigation is still going on. At this stage, the investigating agency wants to invoke Section 436 I.P.C. For the said purpose, the petitioners are not required to be taken into custody, because chargesheet has not been filed.

Learned counsel for the petitioners further contends that the investigating agency moved an application for issuance of non-bailable warrant for arrest of the petitioners, which has been allowed by the Magistrate vide impugned order dated 27.4.2012(Annexure-1).

Let the State of U.P. file a counter affidavit as to under what circumstances, arrest of the petitioner is sought.

Let the investigating officer remain present in court alongwith explanation as to under what procedure or circumstance issuance of non-bailable warrant has been sought.

List on 11.7.2012.

Operation of the impugned order, Annexure-1, shall remain stayed till the next date of listing.

It is further directed that the petitioners shall fully cooperate with the investigating agency.

Order Date :- 29.5.2012

A.Nigam