Court No. - 54 Case :- APPLICATION U/S 482 No. - 23885 of 2010 Petitioner :- Ram Kishor And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Dhirendra Ku. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants, learned A.G.A., as well as Sri
Mohd. Naushad Siddiqui appearing on behalf of O.P. no. 2.
Learned counsel for the applicants contended that Magistrate committed a
glaring defect by exercising power both under section 190(1)(a), as well as
190(1)(b) Cr.P.C. Once the Magistrate registered the protest petition as
complaint case, he had no statutory authority to revert back to the material
contained in the case diary and summoned the applicants. Learned counsel for
the applicant submitted that once the case was registered as a complaint case,
without recording statements under sections 200 and 202 Cr.P.C. the
applicants could not have been summoned.
Learned AGA as well as respondent No. 2 may file counter affidavit within
three weeks. Applicants will have the same time thereafter to file rejoinder
affidavit.
List in the week commencing 27th September 2010.
Till the next date of listing, further proceedings of the aforesaid Criminal case
no. 344 of 2010, under Sections 323, 504, 506 I.P.C. and section 3(1)(X)
SC/ST Act, P.S. Chakia, District Chandauli shall remain stayed against the
applicants.
Order Date :- 26.7.2010
F.H.