Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of opposite parties nos. 1 and 2.
Issue notice to opposite party no.3 returnable at an early date.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
Learned counsel for the petitioners submits that ignoring the specific provision contained in the proviso to Section 202 Cr.P.C. summoning order has been passed under Sections 302, 364 I.P.C.
It appears to be an arguable case.
As an interim measure it is provided that till the pendency of this petition the operation of the order dated 27.06.2009 passed by learned Chief Judicial Magistrate, Ambedkar Nagar in Complaint Case No.8845 of 2008 and also the order passed by learned Sessions Judge, Ambedkar Nagar dated 17.11.2009 in Criminal Revision No.135 of 2009 so far it relates to the petitioners shall remain stayed.
Order Date :- 7.1.2010 PAL/