Heard learned counsel for the applicants and learned A.G.A. for the State.
Submission is that the proceedings have been initiated only to vindicate the long standing grudge, a Civil Suit is already continuing between the parties.
The learned AGA has accepted notice on behalf of State of U.P.-opposite party no.1.
Issue notice to opposite party no.2 returnable at an early date. He prays for and is granted three weeks' time to file counter affidavit. Rejoinder affidavit may be filed within three weeks thereafter.
List for admission immediately on the expiry of the aforesaid period.
Till the next day of listing, the further proceedings of Case No.2719 of 2009 (State Vs. Mahesh Datta Tripathi and others) pending in the Court of Additional Chief Judicial Magistrate, Court No.16, District Gorakhpur pursuant to the impugned disputed charge sheet dated 13.9.2008 arising out of case crime no.103 of 2008 shall remain stayed.
Order Date :- 17.6.2010 P