Uttarakhand High Court
Spa And Resort vs Satish Km. Mishra on 27 February, 2013
Author: U.C.Dhyani
Bench: U.C.Dhyani
C-482 Petition No. 111 of 2013 Hon'ble U.C.Dhyani, J.
Mr. H.K.Nahata with Mr. P.S.Rawat, Advocates, present for the petitioner.
Mr. D.K.Sharma, Senior Advocate, assisted by Mr. Vipul Sharma, Advocate, present for the respondents.
As prayed for by the learned counsel for the petitioner, two weeks' time is granted to file rejoinder affidavit.
By means of this petition moved under Section 482 Cr.P.C., the petitioner has prayed for setting aside the impugned order dated 02.01.2003, passed by learned Judicial Magistrate, Ram Nagar, Nainital in complaint case no. 07 of 2013 captioned as Woodcastle SPA and Resort vs. Satish Km. Mishra, by which learned court took the cognizance against the petitioner and further prayer has been made to stay the proceeding of complaint case no. 07 of 2013 Woodcastle SPA and Resort vs. Satish Kumar Mishra, pending in the Court of Judicial Magistrate, Ram Nagar, District Nainital during the pendency of the instant application.
There is a debatable question of law regarding the jurisdiction of Judicial Magistrate at Ram Nagar to take cognizance of the matter in hand, which requires to be gone into thread bare in finest detail. List on 25th of March, 2013 for final hearing.
It is provided as an interim measure that no coercive measures shall be adopted to enforce the attendance /presence of the accused/applicant before the trial court i.e. Judicial Magistrate at Ram Nagar and if any warrant has been issued by the Court, the same shall be kept in abeyance till the next date of listing.
(U.C.Dhyani, J.) 27.02.2013 Kaushal