Court No. - 73
Case :- APPLICATION U/S 482 No. - 27408 of 2019 Applicant :- Vinay Vishal Shahi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Shukla Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants as well as the learned AGA.
It is submitted by the learned counsel for the applicants that summoning order passed in the matter is illegal. All the offences levelled against the applicant are not attracted against him. Referring to the contents of the complaint, it is further submitted that said amount was paid to the NBCC and applicant has no concern with the said authority. It is also argued that payment was made by opposite party no. 2 to obtain contract, if opposite party no. 2 could not obtain contract from NBCC, applicant cannot be blamed for the same. Concerned Magistrate while passing the summoning order did not take into account these facts and illegally summon the applicant for the aforesaid offences.
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. 17431 of 2016, under Section 420, 406, 506 IPC, P.S. Sector 20 Noida, District - Gautam Budh Nagar, pending before the Additional Chief Judicial Magistrate IInd Gautam Budh Nagar, 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