Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12857 of 2010 Petitioner :- Radha Krishan Tandon & Ors. Respondent :- State Of U.P. & Ors. Petitioner Counsel :- G.P. Dikshit Respondent Counsel :- Govt. Advocata 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.
It is submitted by the learned counsel for the petitioners that the
impugned first information report is not maintainable because the
court cannot take cognizance under the Act on the basis of charge
sheet.
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, Radha Kishan
Tandon, Ajay Tandon, Smt. Anjali Tandon, Madhusudan Rastogi
and Amit Banerjee who are wanted in Case Crime No. 1431 of
2010, under Section 8/11 U.P. Shira Niyantran Adhiniyam, 1964
and Section 420 I.P.C., P.S. Amroha Dehat, district Jyotiba Phule
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 :- 20.7.2010
Shahnawaz