Amit and Others vs State of Uttarakhand and Another

Alok Singh, J.—Mr. Manoj Tiwari, learned Senior Advocate assisted by Mr. D.C.S. Rawat, Advocate, appearing for the petitioners, while placing reliance on the judgment of Hon''ble Apex Court in the case of Om Kr. Dhankar Vs. State of Haryana and Another, , argued that revision is maintainable against the summoning order, passed by learned Magistrate, therefore, order passed by coordinate Bench of this Court in the case of Garhwal Mandal Vikas Nigam Ltd. and Others Vs. Mata Garg and Co. Chartered Accountants, page 1666, is per curiam. Mr. Manoj Tiwari, learned Senior Counsel, submits that in paragraph no. 17 of Adalat Prasad Vs. Rooplal Jindal and Others, , Hon''ble Apex Court has specifically clarified that question as to whether summoning order is interlocutory order or intermediary order is not being gone into. Issue notices to respondent no. 2 by registered post A.D. in addition to normal mode of service; meanwhile operation and effect of summoning dated 28.10.2010, passed by Judicial Magistrate, Kashipur in Criminal Case No. 3230 of 2010 Raja Ram vs. Amit and others shall remain stay.