Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12705 of 2010 Petitioner :- Shiv Kumar & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwini Kumar Srivastava,Manoj Kumar Srivastava Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioner 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.
Learned counsel for the petitioners submits that this is no injury case.
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 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, Shiv Kumar and Sunil Kumar,
who are involved in case crime no.186 of 2010, under Sections 323,504,506,
452 I.P.C., P.S. Balani, District Baghpat 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 :- 26.7.2010
Asha