HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 12522 of 2011 Petitioner :- Dr. Pradeep Dixit Respondent :- State Of U.P. And Anr. Petitioner Counsel :- Sandeep Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the petitioner and the learned AGA.
Challenge in this writ petition by the petitioner is to the order dated 7.11.2009 passed by C.J.M., Bulandshahar and subsequent confirmation order dated 18.6.2011 passed by Additional Sessions Judge, Court No. 4, Bulandshahar vide annexure nos. 4 and 5 respectively to the writ petition.
Learned counsel for the petitioner relied upon two decisions of the Apex Court in Jacob Mathew Vs. State of Punjab and another 2005 (3) JIC 320 and Martin F D SOUZA Vs. MOHD. ISHFAQ 2009 SCC Vol. 3 Page 1 and contended that the prosecution of the two petitioners, who are the doctors for the charge under Section 420 I.P.C. on the allegations levelled by respondent no. 2 is wholly unfounded.
Petitioner is directed to take steps of service of notice upon respondent no. 2 within a week from today. After steps are taken, let respondent no. 2 be noticed.
Learned AGA on behalf of respondent no. 1 as well as respondent No. 2 may file counter affidavit within three weeks.
Learned counsel for the petitioner will have the same time from the date of service of counter affidavit to file rejoinder affidavit.
List this writ petition in 2nd week of November, 2011 before the appropriate Bench for admission / final disposal.
Till the next date of listing, operation of the impugned order dated 7.11.2009 passed by C.J.M., Bulandshahar and subsequent confirmation order dated 18.6.2011 passed by Additional Sessions Judge, Court No. 4, Bulandshahar vide annexure nos. 4 and 5 respectively to the writ petition shall remain in abeyance.
Order Date :- 7.7.2011 AKG/-