Smt. Vineeta Sharma & Another vs State Of U.P. & Another
2012 Latest Caselaw 2684 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 8646 of 2012
 

 
Petitioner :- Smt. Vineeta Sharma & Another
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Dalvir Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the petitioners and the learned A.G.A. for the State.

The present writ petition has been filed for quashing the summoning order dated  10.11.2010 passed by Chief Judicial Magistrate, Eta in Criminal Case No. 135 of 2010 and also for quashing the revisional order dated 09.5.2012 passed by District and Sessions Judge, Eta.

Learned counsel for the petitioners contends that respondent No. 2 is a Consolidation Officer before whom the case of the petitioner was pending and the petitioners made a complaint against the respondent No. 2 and as a counterblast, the present criminal proceedings have been initiated against the petitioners which is bad in law.

Issue notice to the respondent no. 2 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The respondent no.2 may also file counter affidavit within the said period. As prayed by the learned counsel for the petitioners two week thereafter is granted for filing rejoinder affidavit.

List after expiry of the aforesaid period.

Till the next date of listing, no coercive action shall be taken against the petitioners.

Order Date :- 5.7.2012

faraz