Gita and Vishnu vs State of Uttarakhand and Vipin Chandra Pandey

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure, 1973, the Petitioners have challenged the order dated 21.04.2011, passed by the trial court in Criminal Case No. 359 of 2006 State v. Hari Singh and Ors.relating to offences punishable u/s 395, 323, 452, 504 and 506 I.P.C, Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur, whereby said court has summon the Petitioners Smt. Gita and Vishnu by exercising powers u/s 319 of Code of Criminal Procedure

Learned Counsel for the Petitioners pleaded that the powers u/s 319 of Code of Criminal Procedure, can not be exercised lightly, otherwise by improving a case witnesses can name anyone during trial. It is specifically pointed out that after investigation no offence was said to have been made out as against the Petitioners.

Admit the petition.

Learned Counsel for the State prays for and is allowed three weeks time to file the counter affidavit.

Issue notices to Respondent No. 2 Vipin Chandra Pandey, who may also file his counter affidavit within a period of three weeks.

Having considered submissions of learned Counsel for the parties, as an interim measure, it is directed that operation of the impugned order dated 21.04.2011, passed by the trial court in Criminal Case No. 359 of 2006 State v. Hari Singh and Ors. relating to offences punishable u/s 395, 323, 452, 504 and 506 I.P.C, Police Station Kashipur, District Udham Singh Nagar, pending in the court of Additional Chief Judicial Magistrate, Kashipur, is stayed until further orders of this Court. (It is clarified that trial of the case as against the accused named in the charge sheet is not stayed).

List after three weeks.