Rajendra Kumar Singh And Another vs State Of U.P. And Another
2015 Latest Caselaw 1515 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- CRIMINAL REVISION No. - 2615 of 2015
 

 
Revisionist :- Rajendra Kumar Singh And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Revisionist :- Arun K. Singh - I
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Pankaj Naqvi,J.

Heard Sri Arun K. Singh - I learned counsel for the applicants, learned A.G.A. for the State.

This revision is preferred against the order dated 10.6.2015 passed by Judicial Magistrate, Moradabad in Criminal Case No. 694/11 (Manju Saxena Vs. Saccha Singh & others) rejecting the discharge under Section 245(2) Cr.P.C. in Case Crime No. 911 of 2010, Police Station Manjhola, District Moradabad.

The sole contention urged is that the applicants being the public servants as Assistant Engineer and Junior Engineer in the Moradabad Development Authority, and on the allegations made in the complaint their prosecution is barred by Section 197 Cr.P.C. 

Notice on behalf of opposite party no.1, is accepted by the learned A.G.A.

Issue notice to opposite party no. 2 returnable at an early date.

Counter affidavit may be filed within a month. Rejoinder if any, may be filed within two weeks thereafter.

List in the week commencing 12.10.2015, before the appropriate Court.

Till the next date of listing, further proceedings of Criminal Case No. 694/11 (Manju Saxena Vs. Saccha Singh & others) under Section 245(2) Cr.P.C. in Case Crime No. 911 of 2010, Police Station Manjhola, District Moradabad shall remain stayed in respect of the applicants only.

Order Date :- 28.7.2015

AHN