Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 1785 of 2010 Petitioner :- Motashim & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- M.A. Hasan Respondent Counsel :- Govt. Advocate,Pankaj Kumar Tyagi 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 submitted that petitioners are not the
owner of the land nor they have executed any sale deed.
Learned counsel for the complainant prays for and is allowed two weeks’ time
for filing counter affidavit. Learned A.G.A. may also file counter affidavit
within the same period. Rejoinder affidavit may thereafter be filed within one
week.
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, Motashim, Waseem Ahmad,
Vijay Kumar Gupta, Ved Prakash Gupta, Mange Ram and Pankaj Verma,
who are involved in case crime no.46 of 2010, under Sections 406,420,
467,468,471 and 120-B I.P.C., P.S. Sadar Bazar, District Saharanpur 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 :- 3.2.2010
Asha