Supplementary affidavit has been filed on behalf of the revisionists today. The same may be taken on record.
Heard learned counsel for the revisionists, learned A.G.A. for the State and perused the impugned order.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed two weeks time to file counter affidavit.
Notice on behalf of O.P. No. 2 has been accepted by Sri Anil Kumar Singh, Advocate, he may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List on 11.03.2011.
Submission is that the impugned order by which the discharge application of the revisionists has been rejected by the Court below is absolutely cryptic and non speaking order.
In view of the above, it is directed that till the next date of listing further proceeding of S.T. No. 59 of 2010 (State Vs. Mohd. Tahir and others) arising out of case crime no. 146 of 2009, under Section 302, 147 I.P.C., P.S. Nagphani, District Moradabad pending in the Court of Additional Sessions Judge, Court No. 14, Moradabad may go on but the judgment shall not be pronounced.
Order Date :- 22.2.2011 arun