Court No. - 50 Case :- CRIMINAL REVISION No. - 142 of 2010 Petitioner :- Smt. Shiv Dulari Sharma & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Anand Mohan Pandey Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the revisionist.
Summoning order dated 04.1.2010 passed by Spl. Chief Judicial
Magistrate Kanpur Nagar under sections 419, 420, 467, 468, 323
and 506 I.P.C. is impugned in the instant revision.
Submission is that civil proceeding is already continuing and with
a view to frustrate the proceeding in the Civil Court, the instant
report has been lodged.
Issue notice to the O.P.No.-2 returnable at an early date. Learned
A.G.A. accepted notice on behalf of respondent No.-1. Respondent
No.-2 may file counter affidavit within period of three weeks from
the date of receipt of notice. Learned A.G.A. may also file counter
affidavit within four weeks. Rejoinder affidavit may be filed
within three weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned order dated
04.1.2010 in Complaint Case No. 1951 of 2008 pending in the
Court of Special Chief Judicial Magistrate Kanpur Nagar as well
as further proceeding in the said case shall remain stayed.
Order Date :- 13.1.2010
S.A.A.Rizvi