Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 1502 of 2010 Petitioner :- Sanjay & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashutosh Upadhyay Respondent Counsel :- Govt. Advocate,Babu Lal 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
,Sanjay, Ankit @ Dabbu and Shobhit @ Bittu who are
involved in case crime no. 3 of 20 10, under Sections 307
I.P.C. and 3(2) V SC/ST Act, Police Station Banither, district
Moradabad 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 :- 3.2.2010
GNY