Court No. - 28 Case :- U/S 482/378/407 No. - 455 of 2010 Petitioner :- Smt. Taluka Devi And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Shachindra Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
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 points out that as would be apparent from
the perusal of the summoning order dated 25.02.2004 (which came to his
notice in the month of January, 2010) it has been passed without application
of mind and it 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 next
date of listing, the proceedings arising out of Case No.1761 of 2003, under
Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali Nagar,
District Faizabad including warrant and the process under Sections 82
Cr.P.C. so far it relates to the petitioners shall remain stayed.
Order Date :- 3.2.2010
PAL/