Heard learned counsel for the revisionist.
Submission is that after investigation police submitted a final report. The Magistrate has summoned the revisionists under section 323, 341, 395, 504, 506 and 427 I.P.C. Submission is, that a bare perusal of the impugned order, it is clear that none of the witness have been examined and there is no material before the Magistrate to summon the accused. The investigating officer recorded the statement of the revisionists. There being no other material to summon the accused, the Magistrate was duty bound to record the statement of witnesses under section 200 and 202 Cr.P.C.
Issue notice to the O.P.No.-2 returnable at an early date. Learned A.G.A. accepted notice on behalf of respondent No.-1. Respondent No.-2 may file counter affidavit within period of three weeks from the date of receipt of notice. Learned A.G.A. may also file counter affidavit within four weeks. Rejoinder affidavit may be filed within three weeks thereafter.
List this case after expiry of the aforesaid period.
Till the next date of listing, operation of the impugned order dated 11.12.2009 passed by Addl. Civil Judge (Jr.Div.)/Judicial Magistrate Court No.1 Bulandshahar in Case No. 116 of 2009, Case Crime No. 28/04 shall remain stayed.
Order Date :- 18.1.2010 S.A.A.Rizvi