AMIT & OTHERS Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-8-16
HIGH COURT OF UTTARAKHAND
Decided on August 06,2013

Amit And Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

Alok Singh, J. - (1.) 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 Kumar Dhankar vs. State of Haryana and another reported in : 2012(11) SCC, 252, 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 & Co. Chartered Accountants, reported in : 2011 Volume 3 UC 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, : 2004(7) SCC, 338, 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.;


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