Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 26806 of 2009 Petitioner :- Harpal Singh Respondent :- State Of U.P. And Another Petitioner Counsel :- Vikrant Rana Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the revisionist.
The impugned order dated 06.10.2009 passed by Additional Sessions Judge
F.T.C. No.1 Meerut in Criminal Appeal No. 21 of 2008 and order dated
11.9.2007 passed by Judicial Magistrate Court No.2 Meerut in Misc. Case No.
32/11 of 2007 are impugned in the instant revision.
The submission of the learned counsel for the petitioner is that the admitted
position is that offence alleged is committed during the proceeding in Court of
law. Learned counsel for the petitioner has placed reliance on (2005) 4
Supreme Court Cases 370, Iqbal Singh Marwah and another Vs
Meenakshi Marwah and another.
In view of this submission, issue notice to the O.P.No.-2 returnable at an early
date.
Respondent No.-2 may file counter affidavit within period of three weeks
from the date of receipt of the notice. Learned A.G.A. may also file counter
affidavit within three weeks. Rejoinder affidavit may be filed within three
weeks thereafter.
Liust this case after expiry of the aforesaid period.
Till the next date of listing, operation of the further proceedings of Misc. Case
No. 32/11/ of 2007 (Dharmpal Vs Harpal) shall remain stayed.
Order Date :- 5.1.2010
S.A.A.Rizvi