Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26363 of 2009 Petitioner :- Chumman And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjay Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,J.
Heard learned counsel for the petitioners and also learned A.G.A. appearing
for the State.
We have been taken through the allegations contained in the F.I.R. and the
material on record.
The counsel for the petitioners submitted that the arrest of the co-accused has
been stayed by this Hon’ble Court.
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 same period.
Rejoinder affidavit may thereafter be filed within two weeks.
List this matter along with the criminal misc. writ petition no. 24988 of 2009
after expiry of the aforesaid period.
Till the next date of listing or till submission of charge sheet whichever is
earlier, the arrest of the petitioners, namely, Chumman and Dilshad alias
Bablu,who are involved in case crime no. 738 of 2009 under Sections 3 (1) of
the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S.
Chandausi, District Moradabad shall remain stayed of course subject to the
restraint that the petitioners shall fully cooperate with the investigation and
shall appear as and when called upon to assist in the investigation.
Order Date :- 4.1.2010
MTA