Court No. - 65
Case :- APPLICATION U/S 482 No. - 17119 of 2019 Applicant :- Chhotu@Abdul Sahid And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicants' counsel as well as learned AGA for the State and perused the record.
Attention of the Court was drawn towards the order dated 18.7.2018 by another Bench of this Court in Application U/s 482 No.23615 of 2018 with regard to co-accused Nazmun Nisha and two others. Submission is that the matter of the applicant is not on worse footing and requires consideration on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned AGA.
Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
Until the date of next listing, further proceedings in Case No.23921 of 2018 (State Vs. Nazmun Nisha & Ors) arising out of Case Crime No.230 of 2017, under Sections 452, 147, 323, 504, 506 I.P.C., P.S.- Cornelganj, District- Kanpur Nagar pending in the Court of Special Chief Judicial Magistrate, Kanpur Nagar, shall remain stayed.
Order Date :- 30.4.2019 shiv