Kalyan Singh & Another vs State Of U.P. & Another on 5 January, 2010

Allahabad High Court
Kalyan Singh & Another vs State Of U.P. & Another on 5 January, 2010
Court No. - 50

Case :- CRIMINAL REVISION No. - 5440 of 2009

Petitioner :- Kalyan Singh & Another
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Dharmendra Singhal,Amit Rana
Respondent Counsel :- Govt. Advocate

Hon'ble Mrs. Poonam Srivastav,J.

The instant revision has been preferred against the order dated
1.12.2009 passed by the Chief Judicial Magistrate, Bijnore in Case
No. 6285 of 2008-State Vs. Pankaj Kumar and others refusing to
discharge the revisionists from the alleged offences under Sections
420, 467, 468 and 471 I.P.C., Police Station Kotwali Shahar,
District Bijnore.

Learned counsel for the revisionists has tried to demonstrate from
the documents and evidences collected by the Investigating Officer
that no offence is made out whatsoever and, therefore, the
impugned order dated 1.12.2009 is without perusal of record and
in a mechanical manner.

Learned A.G.A. has accepted notice on behalf of opposite party
no. 1. He prays for and is allowed four weeks’ time to file counter
affidavit.

Issue notice to opposite party no. 2 returnable at an early date.
Counter affidavit may be filed within three weeks from the date of
receipt of notice. Rejoinder affidavit may be filed within three
weeks thereafter.

List after expiry of the aforesaid period.

Till the next date of listing, further proceedings in Criminal Case
No. 6285 of 2008-State Vs. Pankaj Kumar and others, under
Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali
Shahar, District Bijnore, shall remain stayed.

Order Date :- 5.1.2010

Rmk.

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