CHAUDHARI & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chaudhari & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 13417 of 2007 [2007] RD-AH 10706 (22 June 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Vijay Kumar Verma, J.

Heard Sri Rajesh Kumar Singh, learned counsel for the applicants and learned A.G.A. and also perused the record.

It is submitted by learned counsel for the applicants that the applicants are not named in the F.I.R. and merely on the basis of examination-in-chief of witness Pradeep Kumar, the applicants have been summoned by the Trial Court under the  provisions of Section 319 Cr.P.C. whereas the injured person has not named the applicants in his statement under Section 161 Cr.P.C. It is further submitted that the applicants were summoned to face the trial on the basis of the complaint case, but that summoning order has been stayed by the Revisional Court.

Let notice be issued to opposite party no. 2, who may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List on 09.08.2007.

Till then, further proceedings against the applicants only in  S.T. no. 301/2005 (State Vs. Santosh Kumar and others) under Sections 323, 504, 506, 304, 308 I.P.C. P.S. Atarra, District Banda pending in the Court of Addl. Sessions Judge, F.T.C. II, Banda shall remain stayed.

Dt. 22.06.2007

Yc/Crl. Misc. Appl. No. 13417 of 2007

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