Court No. - 54 Case :- APPLICATION U/S 482 No. - 22935 of 2010 Petitioner :- Amar Nath And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Amit Kumar Srivastava,Mukesh Kumar Upadhyay Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicants and learned A.G.A.
Inviting attention of the court Annexure 1, page 13 learned counsel for the
applicants contended that the first petition was not pressed by Sri Mukesh
Kumar Upadhyay, learned counsel for the applicants. In the order, the court
permitted him to file a fresh petition, if rule and law permit. It is submitted
that the first petition was not considered on merits and the permission was
granted by the court, the second petition is maintainable.
After hearing learned counsel for the applicants, learned counsel appearing on
behalf of opposite party no.2 and learned A.G.A., I am of the opinion that the
second petition is maintainable and therefore, I entertain it.
I have heard Sri Ram Ashish Pandey, learned counsel for opposite party no. 2
and learned A.G.A. on the merits of this application.
Counter affidavit filed by Sri Ram Ashish Pandey, learned counsel for
opposite party no. 2.is taken on record.
Learned A.G.A. prays for and is allowed three weeks’ time for filing counter
affidavit. Applicants may file rejoinder affidavit or objection within the
aforesaid period to both the counter affidavits.
List this case in the week commencing 13.09.2010.
Till the next date of listing, further proceedings of Case crime no. 455 of
2009, under Sections 147, 148, 149, 447, 448, 452, 427, 323, 504, 506 and
286 I.P.C., P.S. Nawabganj, District Allahabad shall remain stayed against the
applicants.
Order Date :- 14.7.2010
F.H.