Heard learned counsel for the revisionists and perused the impugned order.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to respondent no. 2, who may also file counter affidavit within same period, rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Submission is that this Court vide order dated 28.07.2009 passed in Criminal Misc. Application No. 18675 of 2009 had directed that if the first information report has not been registered in compliance of the impugned order dated 22.07.2009 and the same is registered then the arrest of the applicants shall remain stayed till the conclusion of the investigation and submission of police report under Section 173(2) Cr.P.C. provided the applicants cooperate with the investigation.
Further submission is that after the completion of the investigation, the investigating officer submitted final report, which has been rejected by the impugned order and further investigation has been directed.
The only prayer which has been made by the revisionists is that protection against the arrest which had been granted by this Court vide order dated 28.07.2009 in Criminal Misc. Application U/s 482 Cr.P.C. No. 18675 of 2009 may continue till further investigation is completed.
Considering the facts of the case, this application in revision is finally disposed of subject to revisionist's cooperation, they shall not be arrested till further investigation is completed and supplementary police report under Section 173(2) Cr.P.C. is submitted.
Order Date :- 14.2.2011 arun