Heard learned counsel for the applicant, 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 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 although the applicant was not charge sheeted under Section 2/3 U.P. Gangster and Anti Social Activities Act, Police Station Kotwali, Bindki, District Fatehpur yet learned Special Judge, Gangster Act, Allahabad has illegally summoned the applicant for facing trial for the offence punishable under Section 2/3 U.P. Gangster and Anti Social Activities Act.
In view of the above, it is directed that till the next date of listing further proceeding in Case No. 73 of 1989 pending in the Court of Special Judge, Gangster Act, Allahabad shall remain stayed as against the applicant Munna @ Shri Prakash Mishra only.
Order Date :- 11.2.2011 arun