Notice on behalf of O.P. no. 1 has been accepted by the learned AGA who may file counter affidavit within four weeks.
Issue notice to respondent no. 2 who may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after six weeks.
The submission is that by the impugned order which has been passed by the Court in exercise of its power under Section 319 Cr.P.C. the applicants have been summoned for facing trial for the offence punishable under Sections 323, 308, 504, 506 I.P.C.. although, there is no evidence on record indicating at the complicity of the applicants in the crime .
Considering the submission stated above, this court is of the view, that the applicants are entitled to get the benefit of interim order.
Till the next date of listing the operation of order dated 17-04-2010 passed in Sessions Trial No. 111 of 2006(State Vs. Ram Roop and Ors.) and in Case Crime No. 640 of 2002, pending in the court of Sessions Judge, Maharajganj, shall remain stayed.
Order Date :- 15.6.2010 RK/-