Allahabad High Court
Jai Ram Verma & Ors. vs State Of U.P. & Another on 21 January, 2010
Author: Alok K. Singh
Bench: Alok K. Singh
Court No. - 28 Case :- U/S 482/378/407 No. - 217 of 2010 Petitioner :- Jai Ram Verma & Ors. Respondent :- State Of U.P. & Another Petitioner Counsel :- Vivek Pandey Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Learned A.G.A. has put in appearance on behalf of the State. Issue notice to opposite party no. 2 returnable at an early date. List immediately after service.
Steps be taken within seven days through registered post, failing which the interim order which is being passed herein below shall come to an end.
Learned counsel for the petitioners submits that as would be apparent from perusal of the impugned order, nowhere satisfaction has been recorded to the effect that there are reasonable prospect of conviction as laid down in the case of Lal Suraj @ Suraj & another Vs. State of Jharkhand, (2009) 2 SCC 696 or there is strong suspicion as laid down in the case of Sarabjit Singh & another VS. State of Punjab & another, reported in 2003 (3) JIC 522 (SC), which is based on the case of Municipal Corporation of Delhi Vs. Ram Kishan Rastogi, 1983 (1) SCC 1.
It appears to be an arguable case.
In view of the above, till the next date of listing, proceedings of the S.T. No. 54 of 2006, pending in the Court of Addl. Sessions Judge/F.T.C. No. 5, Gonda, shall remain stayed. Order Date :- 21.1.2010 ML/-