Posted On by &filed under Allahabad High Court, High Court.


Allahabad High Court
Smt. Sonmati Devi And Others vs State Of U.P. & Another on 6 August, 2010
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
opposite parties.

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
affidavit.

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

weeks thereafter.

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
HR


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