Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application has been filed by the applicants with a prayer to continue the earlier bail granted to them by the concerned police authority in Criminal Case No. 592 of 2007 (State Vs. Shukveer Singh and others) under Sections 166, 167, 342, 193, 211, 427, 452, 210, 220, 323, 120B I.P.C. and 25, 4/25, 35 Arms Act, arising out of Case Crime No. 465 of 1998, Police Station - Civil Lines, District - Meerut, pending in the Court of Special Chief Judicial Magistrate, Meerut.
It is contended by learned counsel for the applicants that the applicants, who are police personnels while they were posted at Police Station Hariparwat, District Agra, they arrested some persons who were standing near Maruti Car in suspicious circumstances and when they were confronted by the applicants, they fired upon the police party, but fortunately nobody was hurt. It is further contended that the said persons were arrested but the family persons of the accused persons were politically powerful, and initiated the present criminal proceedings against the applicants. It is next contended that the applicants were doing their official duty and therefore, initiation of criminal proceedings against the applicants is bad in law, as there was no compliance of Section 197 Cr.P.C. It is also argued that as the applicants are posted at different places, therefore they could appear before the concerned court below and and N.B.W., issued against the applicants.
Learned A.G.A. prays and is granted four weeks' time for filing counter affidavit. As prayed by learned counsel for the applicants, two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.
Order Date :- 14.6.2010 A. Verma