Jai Bahadur Yadav vs State of U.P. and Another

Hon''ble Bala Krishna Narayana, J.—Heard Learned Counsel for the applicant and learned A. G. A. He prays for and is granted six weeks'' time to file counter affidavit. Issue notice to the opposite party No. 2 indicating therein that he may also file counter affidavit within the same period.

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

List thereafter before the appropriate Court.

Learned counsel for the applicant contended that the protest petition filed by opposite party No. 2 against the final report submitted in the matter was rejected by the magistrate and against the said order of the magistrate opposite party No. 2 filed Criminal Revision No. 46 of 2011 before the Additional Sessions Judge, Court No. 2, Ballia which was allowed by him vide his order dated 24.6.2011 and the order of the revisional court was challenged by the applicant before this Court by filing Criminal Misc. Writ Petition No. 13763 of 2011 in which interim order was passed on 21.7.2011 staying the effect and operation of the order of the revisional court. However, before passing of the interim order dated 21.7.2011 the magistrate in pursuance of the order passed by the revisional court summoned the applicant to face trial for the offences punishable under Sections-147, 148, 452, 323, 504, 506 and 325 I. P. C. It has been stated that the summoning of the applicant and his prosecution in the face of the order passed by the this Court staying the order of the revisional court dated 24.6.2011 is bad in law.

Submissions made by Learned Counsel for the applicant prima facie appear to be correct and the applicant has made out a case for grant of interim protection. In view of the above it is directed that till the next date of listing, no coercive action shall be taken against the applicant in Case No. 2940 of 2011, under Sections-147, 148, 452, 323, 504, 506 and 325 I. P. C., pending in the Court of J. M., Ballia.