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Judgment
P.K. Jain, J.—Heard Sri Pramod Sinha, holding brief for Sri S. K. Singh learned Counsel for the revisionists and Sri Narendra Mohan for the opposite parties.
Summoning order dated 22.10.92 in Criminal Case No. 41 of 1992 Awdhesh Singh v. Sitaram, pending before IInd Addl. Munsif Magistrate, Ghazipur is challenged on the ground that the impugned order was passed while investigation of the case on the same facts was going on and the court below, instead of proceeding with the complaint, should have stayed progress in the complaint case till result of the investigation. The opposite party with his counter-affidavit filed copy of the final report Annexure 2 to the counter-affidavit, perusal whereof shows that final report was submitted on 24.4.92. This is not specifically disputed in the rejoinder-affidavit filed today. Thus, summoning order was passed much after the submission of the final report by the police. Hence provisions of Section 210, Code of Criminal Procedure would not be attracted.
Rejected summarily at the admission. Stage the stay order dated 12.1.93 is vacated.