Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 459 of 2010 Petitioner :- Mohammad Raees And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Sharique Ahmed Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastav,J.
Heard Sri Somesh Khare, learned counsel for the petitioners and
learned A.G.A. for the State.
The submission is that after submission of final report,
complainant was issued notice and he filed protest petition along
with several affidavits in support of his case which was taken into
consideration. The learned Magistrate summoned the accused
petitioners without following the procedure in the complaint case.
In view of the settled principles of law the procedure adopted by
the learned Magistrate is illegal.
Learned A.G.A. has accepted notice on behalf of respondent no. 1.
He prays for and is allowed four weeks’ time to file counter
affidavit.
Issue notice to respondent 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 Misc. Case No.
77 of 2007 arising out of case crime No. C-61 of 2005, under
Sections 307/34, 504, 506, 325 I.P.C., Police Station Barra,
District Kanpur Nagar, shall remain stayed.
Order Date :- 18.1.2010
Rmk.