Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 1769 of 2010 Petitioner :- Ram Prasad & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Manoj Mishra Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard and perused the materials on record.
The petitioners namelyRam Prasad, Suraj Kumar Mishra and Ram Lal are
weanted in case crime No. 589 of 2009 under section 120 B, 420, 467, 468,
471 IPC P.S. Rohaniya Distt Varanasi. It is argued that the allegations
contained in the F.I.R are of civil profile and no criminal prosecution can be
launched against the petitioners on that basis.
Issue notice to respondent no. 3 who may file counter affidavit within four
weeks. Learned A.G.A may also file counter affidavit within the aforesaid
period. Rejoinder affidavit if any may be filed within two weeks next
thereafter. List this matter after expiry of the aforesaid period.
Till next listing or till submission of charge sheet whichever is earlier, the
arrest of the petitioners aforesaid shall shall remain stayed subject of course to
the conditions that the petitioners shall cooperate with the smooth conduct of
investigation and shall appear as and when called upon to do so by the
Investigating officer.
Order Date :- 3.2.2010
MH