Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 9406 of 2010 Petitioner :- Jagdish Prasad Goswami Respondent :- State Of U.P. & Anr.
Petitioner Counsel :- Hariom Tiwari,Ali Hasan
Respondent Counsel :- Govt. Advocate
Correction Application No. 170923 of 2010
In
Writ Petition No. 9406 of 2010
Hon’ble V.M. Sahai, J.
Hon’ble Krishna Murari, J.
This is an application seeking correction in the order dated 04.06.2010.
Heard learned counsel for the petitioner and learned A.G.A.
It is contended that vide order dated 04.06.2010 dictated in open Court,
the arrest of the petitioner in Case Crime No. 835 of 2010 was stayed,
but due to inadvertent mistake, a wrong order directing to consider the
bail of the petitioner expeditiously, has been transcribed. It has also been
contended that the arrest of the coaccused was also stayed vide order
dated 03.06.2010 in Writ Petition No. 9351 of 2010.
From the shorthand book maintained by stenographer, it appears that a
wrong order has been transcribed on the petition.
The order dated 04.06.2010 transcribed on the writ petition is hereby
recalled and is substituted by the following order.
“Heard learned counsel for the petitioner and learned A.G.A., who prays
for and is allowed six weeks’ time to file counter affidavit. Petitioners will
have three weeks thereafter for filing rejoinder affidavit.
List for admission after expiry of the aforesaid period.
It is contended that first information report under Section 2/3 U.P.
Gangster and AntiSocial Prevention Act, 1986 being Case Crime No.
835 of 2010 has been lodged with P.S. Kotwali, Orai, District Jalaun only
on the basis of one alleged incident under Public Gambling Act, 1867, in
which petitioner was granted bail.
Considering the facts, prima facie, petitioner is entitled to an interim
order.
Until further orders of this Court, the arrest of the petitioner in Case
Crime No. 835 of 2010 under Section 2/3 U.P. Gangster and AntiSocial
Prevention Act P.S. Kotwali, Orai, District Jalaun shall remain stayed.”
16.06.2010
VKS/ Crl. WP 9406/10