Heard learned counsel for the applicants and the learned AGA.
It appears that prima facie no case is made out against the applicants. There is no legal evidence to sustain the charge leveled against the applicants.
Learned AGA has accepted notice on behalf of opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date. Steps be taken within a week.
Counter affidavit may be filed by the opposite party no.2 within four weeks. Learned AGA may file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this matter on 29.11.2012.
Till the next date of listing, further proceedings in Case No.2635 of 2012 State Vs. Hari Nath Rai and others, arising out of case crime no.233-A of 2012, under Sections 323, 504, 325 IPC, police station Gaurabadshahpur District Jaunpur, pending in the Court of Additional Chief Judicial Magistrate-II, Court No.13, Jaunpur, shall remain stayed.
Order Date :- 12.10.2012 Hasnain