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SHER ALI AND ANOTHER versus STATE OF U.P. AND ANOTHER

High Court of Judicature at Allahabad

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Sher Ali And Another v. State Of U.P. And Another - APPLICATION U/s 482 No. 3492 of 2005 [2006] RD-AH 15720 (8 September 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.R.K.Rastogi,J.

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.

Dated:8.9.2006

RPP/Crl. Misc. Appl.3492/05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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