Learned Additional Government Advocate has accepted notice for respondent no.1.
Issue notice to respondent no.2 fixing a date immediately after six weeks.
All the respondents may file counter affidavit by the next date.
The submission of the learned counsel for the petitioner is that with regard to the matter in dispute a civil suit is pending. Besides this, mutation proceedings had been initiated by the respondent no.2 in which the order passed in favour of the respondent no.2 has been recalled on 22.1.2009 and the revision filed by the respondent no.2 before the Collector has already been dismissed. It is thus contended that the matter relates to a civil dispute and only to pressurise the petitioner, the criminal proceedings have been initiated.
Considering the facts and circumstances of this case, it is provided that till the next date of listing, further proceedings in case no. 35 of 2009 State vs. Vipin and others (arising out of case crime no.7 of 2009 under sections 420, 467, 468 and 471 I.P.C., Police Station Asmoli, District Moradabad) pending in the court of Additional Judicial Magistrate, Court No.2, Sambhal, Moradabad shall remain stayed.
Order Date :- 12.1.2010 dps