Court No. - 49 Case :- APPLICATION U/S 482 No. - 25068 of 2010 Petitioner :- Smt. Sonmati Devi And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Vijay Kumar Dubey Respondent Counsel :- Govt. Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicants and learned A. G. A.
Learned counsel for the applicants contended that the impugned summoning
order has been passed by the court below in violation of the provisions of
Section 210 of Cr. P. C.
Considering the averments made by the applicants in the affidavit
accompanying this application and the facts stated by learned counsel for the
applicant as well as the material brought on record, this court is of the view
that the matter requires consideration upon receiving response from the
Notice on behalf of the opposite party no. 1 has been accepted by learned
A.G.A. He prays for and is allowed four weeks’ time for filing counter
Issue notice to the respondent No. 2 who may also file counter affidavit
within the same period. Rejoinder affidavit if any may be filed within two
List on 24.9.2010.
Till the next date of listing, further proceedings of Complaint Case No. 2725
of 2009, under Sections-498-A, 323 I. P. C., P. S.-Kotwali, District-Sant
Kabir Nagar pending in the Court of Chief Judicial Magistrate, Sant Kabir
Nagar, shall remain stayed.
Order Date :- 6.8.2010