Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11846 of 2010 Petitioner :- Jawahar Lal Jaiswal & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ajatshatru Pandey Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
The present petition came to be heard before us on 6.7.2010 and on a mention
being made the aforesaid case was directed to be put up on 8.7.2010
alongwith Crl. Misc. Writ Petition Nos. 10392 of 2010, 4391 of 2010 and
4554 of 2010. All the petitions aforesaid were put up before us today. From a
scrutiny, it would transpire that all these petitions have genesis in one case
crime i.e. case crime no. 112 of 2010 under section 419, 420, 467, 468, 120 B
and 506 IPC P.S.Cantt District Varanasi pursuant to F.I.R lodged on 5.3.2010.
The writ petition No. 4554 of 2010 preferred by one of the accused namely
Mahesh Prasad Jaiswal and others was heard by this Bench and in ultimate
analysis, the petition was dismissed by a detailed order dated23.3.2010. The
second writ petition namely writ petition no. 10392 of 2010 preferrd by Girja
Shanker Pandey was heard by Division Bench on 16.6.2010 in which while
disposing of the writ petition, following interim order was passed.
“Considering the facts and circumstances and the allegations made in the
impugned FIR, the writ petition is disposed of with the direction that till the
submission of report by the police under section 173 (2) Cr.P.C the petitioner
shall not be arrested in case crime No. 112 of 2010 under section 419, 420,
467, 468, 463, 464, 466, 471, 477A, 381, 218, 120 BIPC P.S. Cantt District
Varanasi.”
In view of the above, it would be proper if the matter is heard by a Bench
other than this Bench. The matter be placed before Hon. C.J for appropriate
orders.
Order Date :- 8.7.2010
MH