Heard learned counsel for the revisionist.
Notice on behalf of the respondent no. 1 has been accepted by learned A.G.A, who prays for and is allowed four weeks time to file counter affidavit.
Issue notice to respondent no. 2, who may also file counter affidavit within same period, rejoinder affidavit may be filed within two weeks thereafter.
List after six weeks.
Submission is that learned Magistrate had by his order dated 09.09.2010 passed in F.R. No. 991/XI/2010 had summoned the O.P. No. 2 and 3 for facing trial for the offences punishable under Sections 420/34, 467, 468, 471, 120B I.P.C. Against the said order, the opposite party no. 2 and 3 referred the time barred revision before the Sessions Judge, Mathura along with an application for condonation of delay on 18.01.2011. Learned Sessions Judge, Mathura has allowed the delay condonation application on the same date and stayed the effect of the summoning order without issuing any notice to the revisionist and without affording him any opportunity of hearing.
In view of the above, it is directed that till the next date of listing the effect and operation of the order dated 18.01.2011 passed in Criminal Revision No. 27 of 2011 (Anil Kumar Mittal and another Vs. State of U.P and another) by learned District and Sessions Judge, Mathura shall remain stayed.
Order Date :- 14.2.2011 arun