Court No. - 28 Case :- U/S 482/378/407 No. - 117 of 2010 Petitioner :- Zahir And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Farooq Ayoob Respondent Counsel :- Govt. Advocate Hon'ble Alok K. Singh,J.
Supplementary affidavit filed today is taken on record.
Heard the learned counsel for the petitioners 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 Ad within seven days failing which the
interim order which is being passed hereinebelow shall come to an end
automatically.
List immediately after service.
Learned counsel for the petitioners submits that from the perusal of the
questionnaire (Annexure-4) shows that no list of witnesses has been filed till
11.11.2007 whereas summons in this case has been issued on 27.11.2009
(Annnexure SA-1) in utter defiance of provisions of Section 204 Cr.P.C.
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 proceedings arising out of Case No.4114 of 2009, under
Sections 269, 270, 427, 504 & 506 I.P.C., Police Station Safderganj, District
Barabanki so far it relates to the petitioners shall remain stayed.
Order Date :- 22.1.2010
PAL/