Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed praying for quashing of charge sheet dated 4.8.2021, under sections 406, 120-B IPC as well ass the impugned cognizance order dated 9.8.2021 passed by the C.M.M., Kanpur Nagar in Case No. 94644 of 2021 arising out of case crime No. 93 of 2021 .
Learned counsel for the applicant submits that on 4.8.2021 the I.O. has prepared recovery memo from the room of Atmajeet Singh Pinki within the Gurudwara itself. He therefore submits, no prosecution could lie against the applicants, in such circumstances.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant No. 1 only.
Order Date :- 27.10.2021 RPD