Court No. - 73
Case :- APPLICATION U/S 482 No. - 27430 of 2019 Applicant :- Sanjay Singh And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Chhaya Gupta,Sujeet Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Vakalatnama filed today by Sri Nasiruzzaman, Advocate on behalf of opposite party no. 2 is taken on record.
Heard learned counsel for the applicants as well as the learned AGA.
It is submitted by the learned counsel for the applicants that one agreement to sale was executed in favour of Ram Prasad on 19.11.2008. Applicant nos. 2 and 3 were the witness of the said agreement to sale. Offence levelled in the present matter against the applicant is not attracted. None of the ingredients of the aforesaid offences are available in the present matter. Concerned Magistrate while passing the summoning order did not take into account the legal provisions, fact and evidence of present matter in right perspective.
Matter requires consideration. Issue notice.
Learned AGA has accepted notice on behalf of the opposite party no.1.
Notice will be issued to opposite party no. 2.
Steps be taken by Registered Post A.D. within ten days.
All the opposite parties may file counter affidavit within four weeks.
Rejoinder affidavit may be filed within two weeks thereafter. List this case on 12.09.2019 before the appropriate Bench.
Till the next date of listing, further proceedings of Complaint Case No. 406 of 2010, under Section 420, 465 IPC, P.S. Sadar Bazar, District - Mathura, shall remain stayed against the applicant.
It is made clear that in case steps, as directed above, is not taken within the aforesaid period, interim order granted in this case shall automatically come to an end.
Order Date :- 25.7.2019 Ujjawal