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[Cites 3, Cited by 2]

Allahabad High Court

Ram Narain And Others vs State Of U.P. & Another on 8 January, 2010

Author: Bala Krishna Narayana

Bench: Bala Krishna Narayana

Court No. - 16

Case :- CRIMINAL REVISION No. - 5692 of 2009

Petitioner :- Ram Narain And Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Rajendra Prasad
Respondent Counsel :- Govt. Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the revisionists and perused the impugned orders. The submission is that the respondent no. 2 has filed the impugned complaint against the revisionists containing absolutely false and frivolous allegations with the sole mala fide intention of harassing the revisionists. It has further been submitted that the court below has summoned the revisionists for facing trial for offences punishable under Sections 323, 504 and 506 I.P.C. in a mechanical manner without examining the facts of the case as well as the evidence on record.

Considering the nature of submissions made on behalf of the revisionists and the facts stated this court is of the view that the matter requires consideration upon receiving response from the opposite parties. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. Issue notice to the opposite party no. 2 returnable within six weeks. Steps within a week. List in the week commencing 15.03.2010. Till the next date of listing, further proceedings in Complaint Case No. 429 of 2008, Seva Lal Vs. Ram Narain and others) under Sections 323, 504 and 506 I.P.C. P.S. Hathgaow, District Fatehpur, shall remain stayed. Order Date :- 8.1.2010 YK