High Court of Judicature at Allahabad
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Nanhku @ Purnwasi & Another v. State Of U.P. & Another - APPLICATION U/s 482 No. 82 of 2006  RD-AH 213 (4 January 2007)
Present: Sri Awadhesh Pratap Singh holding brief of Sri Ram Niwas Singh, learned counsel for the applicants.
Learned A.G.A. for the State.
It appears from perusal of record that O.P. no.2 was personally served with notice on 24.2.2006 for the date 2.3.2006, as is apparent from the notice sent back by the Chief Judicial Magistrate,Lucknow with his covering letter dated 27.2.2006 and this fact of service upon O.P. no.2 was noted in the order sheet dated 28.3.2006 and 29.3.2006. However, it appears that on 12.7.2006 it has been noted in the order sheet that O.P. no.2 has not yet been served. This portion of the order sheet dated 12.7.2006 is apparently erroneous because the notice annexed with the report of the Chief Judicial Magistrate bears signature of O.P. no.2, Rama Kant Pandey in token of service. Hence, there is no need for any fresh steps for service upon O.P. no.2.
O.P. no.2 has not appeared after service of notice nor any counter affidavit has been filed on his behalf. The learned A.G.A. states that since it is a complaint case, the State does not propose to file any counter affidavit.
Let the case be listed for hearing in the next cause list.
Interim order shall continue till then.
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