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Sher Ali And Another v. State Of U.P. And Another - APPLICATION U/s 482 No. 3492 of 2005  RD-AH 15720 (8 September 2006)
Present: Sri R.C.Yadav for the applicants.
Learned A.G.A. for the State.
O.P. no. 2 has been served as per office report dated 23.7.2005, but he has not filed any counter affidavit nor any one has put in appearance on his behalf.
The learned A.G.A. prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
The case be listed for hearing after expiry of the aforesaid period.
In this case stay order was not extended after 25.7.2005. The learned counsel for the applicants has moved an application on 30.8.2006 for extension of stay order. However, it has been stated in the prayer clause of the stay extension application that a fresh stay order be granted in criminal case no. 3972 of 2006 pending in the court of Addl. Chief Judicial Magistrate-Ist, Allahabad. It was submitted by the learned counsel for the applicant that case no. 3425 of 2004 pending in the court of A.C.J.M. V, Allahabad has now been transferred to the court of the A.C.J.M. Ist, Allahabad where new case no. 3972 of 2006 has been allotted to the said case, but this fact has neither been asserted in the stay extension application nor in the affidavit filed in support of the application.
I, therefore, pass an order to this effect that further proceedings of criminal case no. 3425 of 2004, State Vs. Iqbal Ahmad and others, which was pending in the court of the A.C.J.M. V, Allahabad bearing case crime no. 99 of 2001 under sections 279, 427, 504, 394, 506, 307 & 511 I.P.C. of police station Naini, Allahabad are hereby stayed from today and this stay order shall continue till the next date of listing and if the aforesaid case has been transferred to any other court, proceedings of the case in that court shall also remain stayed in accordance with this order.
RPP/Crl. Misc. Appl.3492/05
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