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Judgment
Prafulla C. Pant, J.—Heard.
By means of this petition moved u/s 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) the Petitioners have challenged the order dated 05.10.2010, whereby the trial court (Additional Judicial Magistrate, Khatima) in Criminal case No. 400 of 2008, State v. Surjeet Singh has directed that the charge be framed against the Petitioners Kamal Jeet Singh and Sukhdev Singh.
Learned Counsel for the Petitioners submitted that the Petitioners are not named in the charge sheet. They have been summoned u/s 319 of Code of Criminal Procedure. Learned Counsel for the Petitioners drew attention of this Court that in respect of the same matter another Criminal complaint case No. 403 of 2008, Balwant Singh v. Sukhdev Singh relating to offences punishable u/s 420, 406 IPC was pending, and in said case the Petitioners were accused. Attention of this Court is drawn to Section 210 of Code of Criminal Procedure, 1973, and it is argued that charge sheet has been filed in the matter after investigation by the police, and merely on the basis of evidence in complaint case Petitioners cannot be summoned u/s 319 of Code of Criminal Procedure., in the police chalani case.
Admit the petition.
Learned Counsel for the state prays for, and is allowed four weeks'' time to file the counter affidavit. Respondent No. 2 Balwant Singh who was served with the notice has not filed any counter affidavit. He may also file his counter affidavit within a period of four weeks.
Having considered submissions of learned Counsel for the Petitioners and learned Counsel for the State, and after going through the papers on record, interim order dated 25.11.2010, is modified to the extent that the proceedings of the criminal case No. 400 of 2008, State v. Surjeet Singh pending before the Additional Judicial Magistrate, Khatima, are not stayed as against the accused Sarjeet Singh who is named in the charge sheet. Needless to say that as to the proceedings of the criminal complaint case No. 403 of 2008, which stands merged into the State case cannot proceed further, and vide order dated 07.01.2011, clarification has already been made.
List after four weeks. Registry is directed to inform the court concerned.