Heard learned counsel for the petitioners and the learned A.G.A. for opposite party no. 1.
Issue notice to opposite party no. 2 returnable at an early date.
Counter affidavit may be filed within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of the aforesaid period.
The contention of the learned counsel for the petitioners is that the petitioners are the police Sub Inspectors and petitioner no. 1 is posted as Station Officer in Mahila Thana at Faizabad whereas petitioner no. 2 is posted in the said police station and is the investigating officer of Case Crime No. 19 of 2009 under sections 498-A, 323, 506 I.P.C. & 3/4 D.P.Act of the said police station. It is also contended that opposite party no. 2, who was an accused in the said criminal case, was arrested by the petitioners and the money and other articles recovered from his possession were deposited at the Police Station vide entries in the G.D. No. 17 dated 19.2.2009 of the Police Station, but on a complaint of opposite party no. 2 with the allegation that the petitioners had taken away the money and other articles after beating him, the concerned Magistrate on the basis of the evidence recorded under section 200 and 202 Cr.P.C. has illegally taken the cognizance of the offences of sections 382 and 504 I.P.C. against the petitioners without any previous sanction as required by section 197 Cr.P.C.
The entries of G.D.No. 17 dated 19.2.2009 (Annexure 8) show that the money and articles recovered from the possession of accused-opposite party no. 2, was deposited at the police station.
In view of above, the operation of the order dated 17.2.2010 passed by IInd Additional Civil Judge/Additional Chief Judicial Magistrate-Faizabad, passed in Criminal Case No. 440 of 2010 shall remain stayed till the next date of listing.
Order Date :- 29.6.2010 Rizvi