Allahabad High Court
Pushpendra Singh (Alias Col. ... vs State Of U.P. & Another on 13 January, 2010
Court No. - 50 Case :- CRIMINAL REVISION No. - 123 of 2010 Petitioner :- Pushpendra Singh (Alias Col. Pushpinder S.M.) Respondent :- State Of U.P. & Another Petitioner Counsel :- Anurag Khanna Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav, J.
Heard learned counsel for revisionist and learned A.G.A. for the State. Grievance is that an application moved by revisionist under Section 245(2) Cr.P.C. in case no.2412 of 2006 State Vs. Pushpendra under Section 33 of Forest Act, has been rejected by Chief Judicial Magistrate, Hathras, vide order dated 4.11.2009.
Submission is that U.P. State Industrial Development Corporation Ltd. Aligarh, allotted certain land in favour of M/s Mohan Meakin Ltd. Against which allotment and reservation money was paid to U.P. State Industrial Development Corporation Ltd. Aligarh. Lease deed was also executed by U.P.S.I.D.C. In spite of it, opposite party no.2 preferred the instant complaint.
Issue notice to opposite party no.2 returnable at an early date. Counter affidavit may be filed within three weeks from the date of receipt of notice. Rejoinder affidavit may be filed within three weeks thereafter. List immediately on expiry of the aforesaid period. Till the next date of listing, operation of the impugned order dated 4.11.2009 passed by Chief Judicial Magistrate, Hathras and further proceedings in case no.2412 of 2006 State Vs. Pushpendra under Section 33 of Forest Act, pending in the court of Chief Judicial Magistrate, Hathras, shall remain stayed.
Order Date :- 13.1.2010 rkg