Court No. - 15
Case :- APPLICATION U/S 482 No. - 18869 of 2018 Applicant :- Ravi Babu Pandey And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Niraj Tiwari,Deo Pratap Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Niraj Tiwari, learned counsel for the applicants and learned A.G.A. for the State.
It is submitted by learned counsel for the applicants that opposite party no.
2 being involved in booth capturing in panchayat election held on 17.06.2000, an F.I.R. was lodged against him. The F.I.R. was investigated by CBCID in which, after investigation, charge-sheet has been submitted and cognizance ahs been taken against opposite party no. 2. The opposite party no. 2 has filed a criminal revision against the order of cognizance in which proceedings of the criminal case has been stayed against him. It is further submitted that after this, opposite party no. 2 filed an application under section 156(3) Cr.P.C. for lodging F.I.R. against the applicants which was allowed and an F.I.R. was lodged against the applicant. This F.I.R. was also investigated and allegations made therein being not found to be substantiated, a final report was submitted. Against the said final report, opposite party no. 2 had filed a protest petition and in support of it, he had also filed an affidavit upon which the learned Magistrate has straightway taken cognizance against the applicant without taking any evidence.
Submission of learned counsel for the applicant is that order taking cognizance without an affidavit, treating the protest petition as complaint and taking evidence in support of it, is bad in law.
The matter needs consideration.
Issue notice to opposite party no. 2 who may file counter affidavit within four weeks.
Learned AGA may also file counter affidavit within the same period of time. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List after expiry of six weeks before the appropriate Bench.
Till the next date of listing proceedings of case no. 41 of 2006, arising out of case crime no. 112 of 2000, under section 147, 342, 323, 504, 506 I.P.C., police station Muskara, District Hamirpur pending in the court of C.J.M., Hamirpur shall remain stayed in respect of applicants only.
Order Date :- 31.5.2018 /Bhanu