The respondent no.2 has not been summoned by the trial Magistrate on the complaint filed by the petitioner and, therefore, the proceedings have been carried to this court.
It transpires that three of the accused, who have been summoned, have approached this court by way of filing Criminal Misc. Case No.3955 of 2009, Daya Shanker and others v. State of U.P. and another. The case is pending adjudication before this court. It appears that the revisional court has not adjudicated, because of pendency of Criminal Misc. Case No.3955 of 2009 wherein operation of the order dated 15.7.2009 passed by the Chief Judicial Magistrate in the complaint, had been stayed.
Let this case be listed alongwith Criminal Misc. Case No.3955 of 2009, Daya Shanker and others v. State of U.P. and another. Because the stay is continuing since October, 2009, let this case be listed in the month of July, 2012.
Order Date :- 29.5.2012 A.Nigam