Court No. - 28 Case :- U/S 482/378/407 No. - 105 of 2010 Petitioner :- Pawan Kumar Singh And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Pawan Kumar Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put
in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the
interim order which is being passed hereinbelow shall come to an end
automatically.
List immediately after service.
Learned counsel for the petitioners submits that summoning order has been
passed without application of mind. In support of this contention he draws the
attention of the Court towards the summoning order, a perusal of which
clearly shows that learned Magistrate has merely mentioned that the offence
under sections 323, 504, 506, 452, 379 I.P.C. is prima facie made out. It is
further submitted that the case of the petitioners is squarely covered by the
case of Krishna Bihari Srivastava Versus State, reported in 2006 (55) ACC
323.
It appears to be an arguable case.
In view of the above, as an interim measure it is provided that till the
pendency of the petition the proceedings arising out of Complaint Case
No.5115 of 20097 under Sections 323, 504 I.P.C., Police Station Kotwali
Sadar, district Rae Bareli, pending in the court of ACJM-III, Rae Bareli, so far
it relates to the petitioners shall remain stayed.
Order Date :- 12.1.2010
Shaakir/