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 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 the Court below while refusing to discharge the revisionists had totally failed to take into consideration the significant fact and the incident in respect of which the revisionists is being prosecuted had taken place on 27.10.2004 and the first information report was lodged by O.P. No. 2 on 29.03.2008 without giving any explanation for delay in lodging the same.
In view of the above, it is directed that till the next date of listing further proceeding of Complaint Case No. 2073 of 2008, under Sections 323, 435 I.P.C, pending in the Court of Additional Chief Judicial Magistrate, Court No. 1, Varanasi shall remain stayed.
Order Date :- 23.2.2011 arun