Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 7750 of 2010 Petitioner :- Ram Naresh Upadhyay Respondent :- State Of U.P. & Another Petitioner Counsel :- A.K. Mishra,A.K. Shukla Respondent Counsel :- Govt. Advocate Hon'ble Subhash Chandra Nigam,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and
perused the record.
Issue notice to respondent No.2 who may file counter affidavit within a period
of four weeks after service of notice upon her. Learned A.G.A. may 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 learned counsel for the petitioner that S.T. No. 19 of
2008 has been transferred to Additional Sessions Judge, Court No. 1,
Gorakhpur from the court of Additional Sessions Judge, Court No. 4,
Gorakhpur on the transfer application moved by respondent No. 2 without
assigning any reason for it.
I find the substance in the submissions advanced by learned counsel for the
petitioner.
Hence, the effect and operation of the impugned order dated 06.04.2010
passed by Additional Sessions Judge, Gorakhpur in S.T. No. 19 of 2008 is
stayed till the next date of listing.
Order Date :- 10.5.2010
MK/