Court No. - 33 Case :- CRIMINAL MISC. WRIT PETITION No. - 10805 of 2010 Petitioner :- Dinesh Rathaur & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Dheeraj Kumar Dwivedi Respondent Counsel :- Govt. Advocate Hon'ble V.K. Shukla,J.
Hon’ble Shyam Shankar Tiwari,J.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 to 3.
Issue notice to respondent no. 4.
Each one of the respondent is accorded eight weeks time to file counter
affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of the petitioners that in the present case, at
no point of time, any entrustment whatsoever has been made to the
petitioners. Further it has been stated that by no stretch of imagination
offence is made out as against the petitioners.
Prima facie arguments advanced, requires consideration by this court.
Consequently, till the next date of listing or till submission of the report under
Section 173 (2) Cr. P.C. whichever is earlier, petitioners shall not be arrested
in Case Crime No. 241 of 2010 under Sections 406 I.P.C. , Police Station
Bilhaur, District Kanpur Nagar, subject to condition that petitioners shall
extend all possible co-operation with the on going investigation.
Order Date :- 21.6.2010
T.S.