Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12471 of 2010 Petitioner :- Fakharuddin & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.A. Imam Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners 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.
Issue notice to respondent no.3 who may file counter affidavit within four
weeks. Learned A.G.A. may also file counter affidavit within the same period.
Rejoinder affidavit may thereafter be filed within two weeks.
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, Fakharuddin, Sanaullah Khan and
Ratan Pal Singh, who are involved in case crime no. 349 of 2010, under
Sections 420, 467, 468, 471, 323, 504, 506 I.P.C. and 3(1)X SC/ST Act,
Police Station – Kotwali Dehat, District – Buland Shahar 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 :- 14.7.2010
Sunil Kr. Gupta