Court No. - 40 Case :- CRIMINAL REVISION No. - 5670 of 2009 Petitioner :- Gajadhar And Others Respondent :- State Of U.P. Petitioner Counsel :- Sunil Kumar Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the revisionists, learned A.G.A. for the State and
perused the impugned order.
The submission is that neither the first information report nor the material
collected during investigation disclose the ingredients of any offence against
the revisionists as admittedly the first informant and the revisionists are co-
tenure holders of Khata No. 156. Further submission is that the impugned
order 10.11.2009 by which the court below has taken cognizance of the
offence and summoned the revisionist is non speaking and cryptic order
which does not even disclose the offence for which the revisionists are to be
tried.
Considering the nature of submissions made on behalf of the revisionists and
facts stated this court is of the view that the matter requires consideration after
receiving response from the opposite parties.
Notice on behalf of the 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 this case in the week commencing 15.03.2010.
Till the next date of listing, the effect and operation of the impugned order
dated 10.11.2009 passed by the Additional Chief Judicial Magistrate, Khurja
(Bulandshahar) in Criminal Case No. 1563 of 2009 (Case Crime No. 162 of
2009) shall remain stayed.
Order Date :- 11.1.2010
YK