Heard learned counsel for the revisionist and learned A.G.A. for the State.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to respondent no. 2, who may also file counter affidavit within same period, rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Submission is that final report submitted in the matter in favour of the revisionist was accepted by the learned Magistrate. However, the revision preferred by the opposite party no. 2 against the order of the Magistrate was allowed without affording any opportunity of hearing to the revisionist and without his being impleaded as opposite party in the revision preferred by the revisionist against the order of the Magistrate.
In view of the above, it is directed that till the next date of listing the effect and operation of the order dated 02.12.2010 passed in Criminal Revision No. 216 of 2010, Vinod Kumar Vs. State of U.P., by Addl. District and Sessions Judge, Court No. 11, Varanasi shall remain stayed.
Order Date :- 9.2.2011 arun