Allahabad High Court
Udaibir Singh vs State Of U.P. & Another on 18 June, 2010
Author: Poonam Srivastava
Bench: Poonam Srivastava
Court No. - 7 Case :- APPLICATION U/S 482 No. - 20827 of 2010 Petitioner :- Udaibir Singh Respondent :- State Of U.P. & Another Petitioner Counsel :- Ajay Sengar Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The submission is that the learned Magistrate refused to accept the final report submitted after the investigation and has summoned the accused applicant under Section 190 (1)(b) CrPC after taking into consideration the affidavits filed on behalf of the complainant. This could not have been done in view of the decision of the Apex Court as well as of this Court.
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 after expiry of the aforesaid period before the appropriate Court.
Till the next date of listing, further proceedings arising out of the Case No. 1 of 2010 (Bahadur Kushwaha Vs. Mulayam Singh and others) at P.S. Nadigawn, District Jalaun pending in the court of Chief Judicial Magistrate Jalaun at Orai under Section 190 (1)(b) CrPC shall remain stayed.
Order Date :- 18.6.2010 vinay