Smt. Savitri & Others vs State Of U.P. & Another
2012 Latest Caselaw 1891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 50
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6089 of 2012
 

 
Petitioner :- Smt. Savitri & Others
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Rajeev Misra
 
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 17.1.2011 passed by the Chief Judicial Magistrate, Mirzapur in criminal case No. 3631 of 2006, under Section 302, 201, 120-B IPC, Police Station Kotwali, District Mirzapur as well as for quashing the revisional order dated 30.4.2012, passed by IV Additional District & Sessions Judge, Mirzapur whereby the revision of the petitioners  has been dismissed.

Learned counsel for the petitioners contends that  co-accused Prakash Chand allegation against whom is almost identical to that of the petitioners of the present case, had filed Criminal Revision No. 1818 of 2011 in which another Bench of this Court passed an interim order on 12.5.2011 copy of which has been annexed as annexure-23 to the writ petition.

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 :- 18.5.2012

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