1. The learned counsel for the applicants is permitted to delete the respondent no.2 from the array of the parties.
2. Heard the learned counsel for the applicants, the learned AGA for the State and perused the record.
3. The learned counsel for the applicants submitted that the FIR was lodged after about two and a half years with no explanation for the delay. The injuries were superficial.
4. Notices on behalf of the respondents no.1,3 and 4 have been accepted by the learned AGA. Issue notice to the respondent no. 5 by registered post, returnable at an early date.
5. Counter affidavit may be filed within four weeks and the rejoinder affidavit, if any, within two weeks thereafter. List in the month of July 2010.
6. Till the next date of listing, no coercive process shall be issued and executed against the applicants Surya Prasad and Pravin Kumar in Case No. 4016/2006, State vs. Surya Prasad and another (crime no. 759/2008) under sections 323, 504 and 506 IPC and section 3(1)(X) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, police station Beniganj, district Hardoi, pending in the court of Judicial Magistrate II, Hardoi.
Order Date :- 10.5.2010 RKSh