Heard learned counsel for the applicant and learned A.G.A for the State.
Submission is that after submission of the final report a protest petition was filed along with affidavit of the witness. The learned Magistrate instead of following procedure of complaint case summoned the applicant under Section 190 (1) (b).
Taking into consideration the affidavit of the applicant cannot be done in view of the decisions of the Division Bench of this Court in the case of Pakhando and others vs. State of U.P. and another 2001 (43) ACC 1096 and Mohammad Yusuf and others vs. State of U.P. and another 2008 (a) ACR 68.
Issue notice to the opposite party No.2.
Let counter affidavit be filed within three weeks. Applicants will have two weeks thereafter to file rejoinder affidavit.
List thereafter.
Till the next date of listing, further proceeding of Sessions Trial No.75 of 2009 (Smt. Vaijanti Devi vs. Neeraj Kumar and others in case crime No.245 of 2007 Under Section 395, 436 I.P.C. Police station Pachokhara District Firozabad pending in the Court of Addl. Sessions Judge/ F.T.C. 5th Firozabad shall remain stayed.
Order Date :- 18.6.2010 Pr/-