Heard the learned counsel for the petitioner and learned A.G.A. who has put in appearance on behalf of State of U.P., opposite party no.1.
Issue notice to opposite party no.2 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.
Let counter affidavit be filed on behalf of the State within two weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List immediately after expiry of the aforesaid period.
Learned counsel for the petitioner submits that the F.I.R. was lodged against 78 persons saying that petitioners have given wrong addresses and obtained armed licenses. The name of the petitioner appears at sl.no.35. He has been shown to be a resident of Agampur, Police Station Nawabganj, District Gonda. An inquiry was also made by the police in respect of this matter wherein it was found that the allegation that the petitioner resides in village Khojanpur (Bhaudaha Railway Crossing, Kotwali Faizabad) was not found to be proved and therefore the District Magistrate himself vide order dated 14.09.2009 withdrew the show cause notice on 28.06.2007. The charge-sheet in this case has already been filed way back in the year 2007.
It appears to be an arguable case.
In view of the above, as an interim measure it is provided that till the pendency of this petition the proceedings arising out of Case Crime No.166 of 2004, under Sections 419, 420, 467, 468, 471 I.P.C. and the summoning order dated 21.12.2009 passed by learned Judicial Magistrate-II, Gonda in Case No.1881 of 2007, so far it relates to the petitioner shall remain stayed.
Order Date :- 1.2.2010 PAL/