Court No. - 50 Case :- CRIMINAL REVISION No. - 118 of 2010 Petitioner :- Ram Murti Tiwari & Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Chandrakesh Mishra,Daya Shankr Mishra Respondent Counsel :- Govt. Advocate Hon'ble Mrs. Poonam Srivastava,J.
Heard learned counsel for the revisionists.
Submission of the learned counsel for the revisionists is that police
report was called on an application under section 156(3) Cr.P.C.,
which was in favour of the accused revisionists. The learned
Magistrate directed the application to be treated as complaint and
after recording statements under section 200 and 202 Cr.P.C.,
summoned the accused revisionists under sections 147, 452, 323,
504 and 506 I.P.C. Learned counsel further submitted that all the
accused named in application have not been summoned.
Issue notice to the O.P.No.-2 returnable at an early date. Learned
A.G.A. accepted notice on behalf of respondent No.-1. Respondent
No.-2 may file counter affidavit within period of three weeks from
the date of receipt of notice. Learned A.G.A. may also file counter
affidavit within four weeks. Rejoinder affidavit may be filed
within three weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned summoning
order dated 16.11.2009 passed by Judicial Magistrate II, Jaunpur
in Case No. 991/09 (Chandramani Vs Ram Moorti) shall remain
stayed.
Order Date :- 13.1.2010
S.A.A.Rizvi