Court No. - 45 Case :- CRIMINAL REVISION No. - 2225 of 2010 Petitioner :- Manish Kapoor & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Sanjay K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the revisionists and learned A.G.A. for the State.
The present criminal revision has been filed for quashing the order dated
13.05.2010 passed by learned Chief Judicial Magistrate, Jaunpur in Criminal
Case No. 636 of 2009 (Lalta Vs. Sushil Kumar) and also to quash the
revisinal Court’s order dated 24.04.2010.
It is contended by learned counsel for the revisionists that the opposite party
no.2 filed an application under Section 156(3) Cr.P.C., before the learned
Chief Judicial Magistrate, Jaunpur on 11.11.2009 which was dismissed vide
orderdated 15.01.2010 on the ground that the matter is purely of civil nature
against which the opposite party no.2 filed a Criminal Revision without
arraying the revisionists as opposite parties and the said revision was allowed
which is against the well settled principle of law as laid down by Hon’ble
Apex Court in its decision reported in 2009 (2) SCC 363 Raghuraj Singh
Rousha Vs. Shivam Sundarawm Promoters Private Limited an another.
Issue notice to the opposite party no.2 returnable within a period of four
weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time for filing counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the revisionists, two weeks’
thereafter, is granted for filing rejoinder affidavit.
List immediately after expiry of the aforesaid period before appropriate Court.
Till the next date of listing, no coercive action shall be taken against the
revisionists in the aforesaid criminal case.
Order Date :- 11.8.2010
S.Ali