Ashik Ali v. Smt Sampati Devi and Ors.
Case brief
What is this about?
This order concerns a petition challenging the stay of proceedings against the petitioner under Section 126 Gazette of the State of UP. The court interpreted the provisions regarding the period of limitation and the mandatory nature of procedures under Section 41 CrPC, and decided to uphold the stay on the grounds of procedural irregularity rather than substantive dispute.
What did the court decide?
Petition allowed; proceedings against the petitioner stayed pending correction of procedural defects.