Court No. - 28 Case :- U/S 482/378/407 No. - 68 of 2010 Petitioner :- Ashok Kumar Verma, & Others Respondent :- State Of U.P., & Another Petitioner Counsel :- Vivek Manishi Shukla Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Supplementary affidavit filed today is taken on record.
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 though the offence under
Section 3 (1) (X) SC/ST Act is triable by Sessions but the learned Magistrate
ignoring the specific provisions contained in proviso to Section 202 Cr.P.C.
requiring him to call the complainant to produce all the witnesses, passed the
impugned order.
It appears to be an arguable case.
In view of the above, as an interim measure, it is provided that till the
pendency of this petition, order dated 15.10.2008, taking cognizance against
the petitioners as also the order dated 17.12.2008 issuing bailable warrant
against the petitioners, shall remain stayed.
Order Date :- 13.1.2010
ML/-