Allahabad High Court
Shailendra Agrawal And Others vs State Of U.P. & Another on 4 August, 2010
Author: Bala Krishna Narayana
Bench: Bala Krishna Narayana
Court No. - 49 Case :- APPLICATION U/S 482 No. - 24930 of 2010 Petitioner :- Shailendra Agrawal And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Govind Saran Hajela Respondent Counsel :- Govt.Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and the learned A.G.A. for the State.
It has been contended by learned counsel for the applicants that neither the allegations made in the F. I. R. nor material collected during investigation disclose ingredients of any offence against the applicants. The investigating officer submitted a final report. However the court below in a mechanical manner without applying his mind to the facts of the case and the material on record illegally summoned the applicants for facing trial for offence punishable under Sections 420, 120-B, 379, 427 and 506 I.P.C.
Considering the submissions made by the learned counsel for the applicants and the facts stated the matter requires consideration after receiving response from the opposite parties.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed four weeks time for filing counter affidavit.
Issue notice to the opposite party no. 2 who may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case in the week commencing 20.09.2010.
Till the next date of listing further proceedings in Case No. 72 of 2010 under Sections 420, 120-B, 379, 427 and 506 pending in the court of Additional Chief Judicial Magistrate Court no. 2 Agra shall remain stayed.
Order Date :- 4.8.2010 YK