Allahabad High Court High Court

Irfan & Others vs State Of U.P. & Another on 10 May, 2010

Allahabad High Court
Irfan & Others vs State Of U.P. & Another on 10 May, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 1897 of 2010

Petitioner :- Irfan & Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Sunil Kumar Srivastava
Respondent Counsel :- Govt. Advocate

Hon'ble Subhash Chandra Nigam,J.

Supplementary affidavit has been filed on behalf of the revisionists. It may be
taken on record.

Heard learned counsel for the revisionists, learned A.G.A. for the State and
perused the record.

Issue notice to the O.P. No.2 who may file counter affidavit within a period of
four weeks after service of notice upon him. Learned A.G.A. may file counter
affidavit within the same period. Rejoinder affidavit, if any, may be filed
within a period of one week thereafter.

List after the expiry of the aforesaid period.

It is being submitted by learned counsel for the revisionists that in his enquiry
report (Annexure S.A.-1), Sub Divisional Officer , Saharanpur has opined that
the deceased Beeru has no transferable right over the property in question.
The mutation of the legal representatives of deceased Beeru had been made
illegally in the records. Sub Divisional Officer, Saharanpur had also opined
that alleged power of attorney is also illegal.

In view of the above, further proceedings of Case No. 1114 of 2009, under
Sections 147, 447, 352, 504, 506 I.P.C., P.S. Chilkana, District Saharanpur,
pending in the court of Judicial Magistrate-IIIrd, Saharanpur are stayed till the
next date of listing.

Order Date :- 10.5.2010
MK/