Learned A.G.A. has accepted notice for respondent no.1.
Issue notice to respondents no.2 and 3 fixing 23.2.2010.
All the respondents may file counter affidavit by the next date.
The submission of the learned counsel for the petitioner is that in pursuance of a F.I.R. (Annexure-1 to the petition) lodged by the petitioner against the respondent no.3 a charge sheet has been issued against the petitioner and by the impugned order dated 17.11.2009 the petitioner has been summoned in case crime no. under sections Police Station , District . Learned counsel for the petitioner has pointed out certain discrepancies as though the complainant in the F.I.R. is the petitioner whereas in the charge sheet one Shyam Lal has been shown as the complainant and a charge sheet has been issued against the petitioner who himself was the complainant. It is submitted that the case lodged was with regard to the respondent no.3 wrongly marking his attendance in the office which was reported by the petitioner and in such circumstances it is urged that no charges could have been framed against the petitioner.
Considering the facts and circumstances of this case and keeping in view the aforesaid submissions, in my view, the petitioner has made out a prima facie case for grant of interim protection.
Accordingly, it is provided that till the next date of listing, further proceedings of Criminal case no. 36091 of 2006 State vs. Sompal under sections 420, 467, 468, 471 I.P.C., Police Station Kakadeo, District Kanpur Nagar, pending in the court of Chief Judicial Magistrate, Kanpur Nagar shall remain stayed.
Order Date :- 12.1.2010 dps