Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 1552 of 2010 Petitioner :- Jai Prakash Pathak & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ram Niwas Singh,Vinay Kr. Singh Chandel Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
Heard learned counsel for the petitioners and also learned
AGA appearing for the State.
We have been taken through the allegations contained in the
FIR and the material on record.
Issue notice to respondent no. 3, who may file counter
affidavit within four weeks. Learned AGA may also file
counter affidavit within the same period. Rejoinder affidavit
may thereafter be filed within two weeks.
List thereafter before appropriate Bench.
Till the next date of listing or till submission of charge sheet
whichever is earlier, the arrest of the petitioners namely .Jai
Prakash Pathak, Rajeshwari Pathak and Praveen Pathak
who are involved in case crime no. 297 of 2009 under
sections 498-A/494/323/504/506 I.P.C. and 3/4 D. P. Act
Police Station Cehtganj District Varanasi.shall remain stayed
of course subject to the restraint that the petitioner shall fully
cooperate with the investigation and shall appear as and
when called upon to assist in the investigation and
investigation may go on.
It shall not be treated as tied up or part heard with this Bench
and shall stand released from the order of assignment.
Order Date :- 4.2.2010
GNY