Court No. - 50 Case :- CRIMINAL REVISION No. - 1892 of 2010 Petitioner :- Rajendra Singh & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- Ashwini Kumar Awasthi,Manish Tiwary Respondent Counsel :- Govt. Advocate Hon'ble Subhash Chandra Nigam,J.
Connect this revision with Criminal Revision No. 1589 of 2010.
Heard learned counsel for the revisionists, learned AGA 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 AGA may also 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 the learned counsel for the revisionists that O.P. no. 2
in his complaint had averred in Paragraph 12 that he has lodged a first
information report on 30.5.2009 about the murder of his niece Neeta on the
basis of which criminal case bearing Case Crime no. 570/09 under Section
147, 148, 149, 302 and 506 IPC was registered against the accused persons
and the investigation is in progress. The apprehension of O.P. no. 2 was that
the police was not investigating into the matter in a fair manner.
It is thus, submitted that the learned Magistrate should have under the
circumstances stayed the proceedings of the complaint case and should have
called a police report in the matter from the Police Officer conducting the
investigating. It is submitted that instead the learned Magistrate proceeded
with the complaint and recorded the statements of complainant under Section
200 Cr.P.C. and of his witnesses under Section 202 Cr.P.C.
In view of the above. the effect and operation of the impugned order dated
4.2.2010 passed in case no. 4708 of 2009 under Sections 147, 148, 149 and
302 IPC, P.S. Gandhi Park, District Aligarh, is stayed till the next date of
listing.
Order Date :- 10.5.2010
MK/