Court No. - 28 Case :- U/S 482/378/407 No. - 249 of 2010 Petitioner :- Raj Kuamr Yadav, Respondent :- State Of U.P. & Ors. Petitioner Counsel :- R.N. Yadav Respondent Counsel :- Govt.Advocate Hon'ble Alok K. Singh,J.
Learned A.G.A. has put in appearance on behalf of the State.
Issue notices to opposite parties nos. 2 & 3 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.
Let counter affidavit be also filed in the meanwhile.
Learned counsel for the petitioner submits that after completion of the
investigation police submitted final report. On the other hand a protest
petition was also filed and the learned Magistrate treated the case as
complaint. The petitioner of this case has been shown to be an accused in the
aforesaid case. It is said that though the Magistrate has already applied his
mind when he treated the report as complaint case but another agency i.e.
CBCID under some political pressure is further investigating the matter
without permission of the Court. The petition is, however, silent as to whether
or not any police report in the shape of charge sheet or final report has been
submitted by CBCID.
Let it be clarified by means of supplementary affidavit.
In view of the aforesaid peculiar facts and circumstances, as an interim
measure, it is provided that till the next date of listing, no coercive measure
shall be taken against the petitioner.
Order Date :- 22.1.2010
ML/-