Allahabad High Court High Court

Babloo vs State Of U.P. And Another on 2 April, 2010

Allahabad High Court
Babloo vs State Of U.P. And Another on 2 April, 2010
Court No. - 54

Case :- APPLICATION U/S 482 No. - 9314 of 2010

Petitioner :- Babloo
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Chetan Chatterjeee
Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant and learned AGA.

It is contended by the learned counsel for the applicant that in the present
case, an F.I.R. was lodged by the opposite party no. 2, after investigation the
final report was submitted, the same was rejected and the order of the further
investigation was passed by the learned Magistrate concerned. In pursuance of
that order the further investigation was done in which also the final report was
submitted, but the learned Magistrate concerned has again rejected the final
report vide order dated 12.11.2009 and the protest petition filed by the
applicant has been treated as a complaint. In this case no medical examination
report has been filed even then the applicant has been summoned for the
offences punishable under Sections 323, 324, 504, 506, 452, 34 I.P.C.

Issue notice to O.P. No.2 returnable within four weeks.
Considering the facts, it is directed that the further proceedings of criminal
case No. 1754 of 2010 under sections 323, 324, 504, 506, 452, 34 I.P.C.
pending in the court of A.C.J.M-II, Saharanpur shall remain stayed till the
next date of listing.

List after four weeks.

Order Date :- 2.4.2010
Sharad