Supplementary affidavit filed on behalf of petitioner is taken on record.
Learned counsel for the petitioner has submitted that the learned trial court has committed illegality in cross examining the accused at the time of recording the statement under Section 313 Cr.P.C.
Issue notice to opposite party no. 2 returnable at an early date.
Let the steps be taken within three days.
Learned A.G.A. as well as opposite party no. 2 may file counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within one week, thereafter.
List after expiry of said period alongwith service report.
Till the next date of listing, further proceedings in S.T. No. 1060 of 2008, State Vs. Vijay Kumar and others, pending in the court of Additional Session Judge, Court No. 5, Sitapur, shall remain stayed.
Order Date :- 8.10.2010 kkm