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Balbir Singh And Others v. State Of U.P. And Another - CRIMINAL MISC. WRIT PETITION No. 10823 of 2005  RD-AH 4661 (24 October 2005)
Hon'ble R.C.Deepak, J.
Heard learned counsel for the petitioners, learned Addl. Government Advocate for the State and perused the record.
It is contended by the learned counsel for the petitioners that the learned magistrate ought to have recorded the statements of the prosecution witnesses under Section 202 Cr.P.C. and have passed a proper order but he committed material illegality in relying upon the affidavits filed by them. He further submits that there was no sufficient legal evidence before the learned magistrate to reject the final report and summoned the petitioners as accused in the case.
Considering the facts and circumstances of the case, it appears proper that the respondent concerned be also provided an opportunity of hearing.
Let notice be issued to the respondent no.2 returnable within six weeks.
List on 5th December 2005.
Till then the operation of the orders dated 8.5.2001 and 14.9.2005 passed by the courts below shall remain suspended.
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