Hetram And Others vs State Of U.P. And Another
2012 Latest Caselaw 5723 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 41
 

 
Case :- APPLICATION U/S 482 No. - 39947 of 2012
 

 
Petitioner :- Hetram And Others
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Sunil Kumar
 
Respondent Counsel :- Govt. Dvocate
 

 
Hon'ble Vishnu Chandra Gupta,J.

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

Issue notice to respondent no. 2 , who may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Steps be taken forthwith for service upon respondent no. 2 by both ways including registered post.

put up after eight weeks.

From perusal of the impugned order it appears that after taking cognizance of the offence under Section 323, 325, 504 and 506 I.P.C. on the application  of the prosecution the court took cognizance again for the offence under Section 308 I.P.C. The order has been assailed on the ground that cognizance is taken on the basis of material already available on record. On the same material, cognizance cannot be taken again.

Considering the submission of  learned counsel for the petitioners the operation of the impugned order  dated 09.11.2012 passed by Judicial Magistrate, Jawer (Gautham Budh Nagar) in Criminal Case no. 2202 of 2011 (Case Crime No. 147 of 2011) State Versus Hetram & Others, under Section 323, 504, 506, 325 I.P.C. P.S. - Jawer, District - Gautham Budh Nagar shall remain stayed till the next date of listing.

Order Date :- 26.11.2012

S. Kumar