Heard the learned counsel for the petitioner and learned A.G.A.
Let notice be issued to opposite party no.2 returnable at an early date.
List immediately after service.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an automatically.
Learned counsel for the petitioner submits that the application under Section 156 (3) Cr.P.C. moved by the opposite party no.2 was rejected by the court below against which she filed a revision. It is said that after rejection of application under Section 156 (3) Cr.P.C. a valuable right had accrued to the petitioner against whom the aforesaid application was moved but learned revisional court ignoring the provisions of Section 401 (2) Cr.P.C. proceeded with the revision and decided finally on 05.12.2009 which has been impugned.
It appears to be an arguable case.
In view of the above, the operation of the impugned order dated 05.12.2009 shall remain stayed till the next date of listing.
Order Date :- 4.1.2010 PAL/