Heard the learned counsel for the applicants and the learned A.G.A. and perused the record.
Learned counsel for the applicants submitted that the complainants had taken loan and when he failed to repay the loan he got the F.I.R. lodged from his son. The tractor purchased from the loan amount is in the name of the complainant's father and Durga Charan Tiwari. The learned counsel for the applicants further submitted that the applicants have no concern whatsoever either with the loan or the tractor.
Notice on behalf of the respondent No.1 has been accepted by the learned A.G.A.
Issue notice to respondent No.2. Counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing, further proceedings of criminal case No. 2788 of 2009 (State Vs. Durga Charan Tiwari and others) arising out of case crime no. 750 of 2009, under sections 419, 420, 467,468 I.P.C. P.S. Gyanpur, district Sant Ravidas Nagar (Bhadohi) pending in the court of Addl. Chief Judicial Magistrate, Ghadohi at Gyanpur shall remain stayed.
Order Date :- 21.1.2010 rkb