Allahabad High Court
Brij Mohan Garg vs State Of U.P. & Another on 28 January, 2010
Author: Poonam Srivastava
Bench: Poonam Srivastava
Court No. - 50 Case :- CRIMINAL REVISION No. - 352 of 2010 Petitioner :- Brij Mohan Garg Respondent :- State Of U.P. & Another Petitioner Counsel :- Dharmendra Singhal Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the revisionist.
Order impugned is dated 8.12.2009 passed by Addl. C.J.M. Ist Aligarh in Case No. 1696 of 2009 ( State Vs Brij Mohan Garg) under section 174 A I.P.C.
Submission is that bar of section 195 Cr.P.C. is operative and the revisionist could not be summoned.
Issue notice to the O.P.No.-2 returnable at an early date. Learned A.G.A. accepted notice on behalf of respondent No.-1. Respondent No.-2 may file counter affidavit within period of three weeks from the date of receipt of notice. Learned A.G.A. may also file counter affidavit within four weeks. Rejoinder affidavit may be filed within three weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned order dated 8.12.2009 passed by Addl. C.J.M. Ist Aligarh in Case No. 1696 of 2009 ( State Vs Brij Mohan Garg) under section 174 A I.P.C. shall remain stayed.
Order Date :- 28.1.2010 S.A.A.Rizvi