Allahabad High Court High Court

Abhai Dixit vs State Of U.P. & Another on 19 January, 2010

Allahabad High Court
Abhai Dixit vs State Of U.P. & Another on 19 January, 2010
Court No. - 41

Case :- CRIMINAL MISC. WRIT PETITION No. - 628 of 2010

Petitioner :- Abhai Dixit
Respondent :- State Of U.P. & Another
Petitioner Counsel :- A.K. Sachan
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.

Hon’ble Naheed Ara Moonis,J.

Challenge in this petition to the F.I.R lodged at case crime no. C14 of 2009
under section 120 B, 420, 467, 468, 471, 472 IPC P.S. Nazirabad District
Kanpur Nagar.

Supplementary affidavit filed today be placed on record. From a scrutiny of
the averments made therein, it would transp0ire that the petitioner has already
deposited a su to the tune of Rs. 1,40,000/-. The further instalment, it is
averred, could not be deposited by him on account of failing health and
serious ailment of his mother who ultimately breathed her last on29.10.2009.

Issue notice to respondent no.2 who may file counter affidavit within four
weeks. Learned A.G.A may also file counter affidavit within the aforesaid
period.Rejoinder affidavit if any may be filed within two weeks next
thereafter. List this matter after expiry of the aforesaid period.

In the meanwhile, arrest of the petitioner who is wanted for offences as
aforesaid shall remain stayed of course subject to the postulates that the
petitioner shall extend full cooperation for smooth conduct of investigation
and shall appear as and when called upon to do so.

MH

Order Date :- 19.1.2010
MH