Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12743 of 2010 Petitioner :- Arun Rai @ Dabbal Raison & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Dubey,V.N. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,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.
It is submitted by the learned counsel for the petitioners that this is
the dispute about the ownership of an elephant.
Issue notice to respondent no.3 who may file counter affidavit
within four weeks. Learned A.G.A. may also file counter affidavit in
the meantime. Rejoinder affidavit if any may be filed within two
weeks next thereafter.
List this matter after expiry of the aforesaid period.
Till next date of listing or till submission of charge sheet whichever
is earlier, the arrest of the petitioners, namely, Arun Rai alias
Dabbal Rai and Brij Kishor Rai alias Anil Rai who are wanted in
Case Crime No.557 of 2010, under Sections 328, 379 I.P.C., P.S.
Hata, District Kushi Nagar 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 :- 19.7.2010
Mustaqeem.