RAJ MANI CHAUHAN, J. - (1.) HEARD Sri R.B.S. Rathaur, learned counsel for the petitioners and Sri Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State as well as perused the documents available on record.
(2.) SRI Saurabh Srivastava, Advocate learned counsel for the opposite party No. 2 before final disposal of the case appeared before the court and filed written argument, which was taken on record. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code ') has been filed by the accused -petitioners for quashing the order dated9. 11.2010 passed by the learned Chief Judicial Magistrate,Lucknow in Criminal Case No. 3015 of 2010 (State v. Anup Kumar and Others), under Sections 498 -A, 304 -B IPC and Dowry Prohibition Act, P.S. Gomti Nagar, District Lucknow where by he has rejected the application moved by the petitioners for staying the proceeding of above criminal case pending before him.
(3.) THE only legal question involved in the present petition for consideration before this Court is whether the proceed"i"ng of impugned Criminal Case No. 3015 of 2010 (State v. Anup Kumar and Others) pending before the Chief Judicial Magistrate, Lucknow is liable to be stayed on the ground that the matter is still under investigation which is being conducted by the CBCID -";