Court No. - 45
Case :- APPLICATION U/S 482 No. - 37200 of 2018 Applicant :- Kailash Chand Sonkar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Kamlesh Kumar Singh Counsel for Opposite Party :- G.A.,Anil Kumar Mishra,Renu Mishra,Sunil Kumar Misra
Hon'ble Siddharth,J.
Counter affidavit filed today on by Sunil Kumar Misra on behalf of the opposite party no.2 is taken on record.
Heard learned counsel for the parties.
This application has been filed for quashing of the order dated 7.9.2018 passed in Criminal Revision No. 105 of 2018( Kailash Chand and others Vs. State of U.P. and another) under sections 145(1) and 146(1) Cr.P.c. P.S. Bhelupar District Varanasi passed by Additional Sessions Judge/Fast Track Court, Varanasi and order dated 23.3.2018 passed in Case No.14 of 2016 (Jageetan Pandey Vs. Kailash Chandra Sonkar and others) pending in tyhe court of Additional City Magistrate, Ist Varanasi.
Learned counsel for the applicants submitted that on the report of the police dated 14.8.2016 order of attachment was passed on 23.3.2018 without there being any fresh report submitted by the police regarding apprehension of breach of peace .
It is open for the applicant to file objection against the order under section 146(1) Cr.P.c.before the court below, which shall be considered and decided by the court below within six weeks from the date of production of certified copy of this order before him.
With the aforesaid observations, the application is disposed of.
Order Date :- 19.12.2018 Atul kr. sri.