Court No. - 28 Case :- U/S 482/378/407 No. - 402 of 2010 Petitioner :- Santosh Kumar Kushwaha, & Another Respondent :- State Of U.P.,Thru.Chief Judicial Magistrate Raibareli & Anr Petitioner Counsel :- Shishir Pradhan Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Heard the learned counsel for the applicants and learned A.G.A. who has put
in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date.
Steps may be taken by registered post within seven days failing which the
interim order which is being passed hereinbelow shall come to an end
automatically.
List immediately after service.
Learned counsel for the applicants submits that summoning order dated
26.03.2008 has been passed without application of mind. It is further
submitted that the case of the applicants is squarely covered by the case of
Krishna Bihari Srivastava Versus State, reported in 2006 (55) ACC 323.
It appears to be an arguable case.
In view of the above, as an interim measure it is provided that till the next
date of listing the operation of the impugned summoning order dated
26.03.2008 and the proceedings of Complaint Case No.5602 of 2007,
Visheshwar Versus Hanoman Singh and others so far it relates to the
applicants shall remain stayed.
Order Date :- 1.2.2010
PAL/