HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- CRIMINAL REVISION No. - 1499 of 2015 Revisionist :- Smt. Jamila And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sunil Kumar Counsel for Opposite Party :- Govt.Advocate Hon'ble Yashwant Varma,J.
Heard learned counsel for the revisionists and the learned A.G.A.
This criminal revision has been filed for setting aside the impugned order dated 09.02.2015 passed by the Judicial Magistrate, Hassanpur (J.P. Nagar) in Criminal Complaint Case No. 92 of 2015 (Smt. Suraiya Vs. Intkhab Alam alias Intkhad & Others) summoning the revisionist for the offence under Sections 323, 379, 504, 506 I.P.C., Police Station Hassanpur District J.P. Nagar.
Learned counsel for the revisionists has contended that the impugned proceedings have been lodged malafide and only to wreak vengeance on revisionists. He has furthr drawn the attention of the Court to the earlier orders passed on Application U/s 482 No. 14572 of 2014 (Intkhab Alam @ Intkab And 2 Others Vs. State of U.P. And Another) and Criminal Revision No. 2458 of 2014 (Smt. Jamila And 4 Others Vs. State of U.P. And Another) and submits that earlier complaints were also found to be malacious and accordingly further proceedings therein had been stayed.
The matter requires consideration.
Issue notice to the opposite party No. 2 returnable within four weeks.
The learned A.G.A. as well as the noticed opposite parties may file their replies within the aforesaid period.
Let this matter be listed on the expiry of the aforesaid period before the appropriate Court.
In the meanwhile and until further orders of this Court, further proceedings in Criminal Complaint Case No. 92 of 2015 (Smt. Suraiya Vs. Intkhab Alam alias Intkhad & Others) summoning the revisionist for the offence under Sections 323, 379, 504, 506 I.P.C., Police Station Hassanpur District J.P. Nagar, shall remain stayed.
This matter shall not be treated as tied up or part heard to this Bench.
Order Date :- 4.5.2015 Arun K. Singh