Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 11508 of 2010 Petitioner :- Kem Singh & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Mohd. Irfan Respondent Counsel :- Govt. Advocate 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.
It is submitted by learned counsel for the petitioners that petitioners are
witnesses of the first sale deed. The allegation of offense is relating to the
second sale deed executed by Udal Singh and in the second sale deed the
petitioners are not witnesses.
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 the expiry of the aforesaid period.
Till next date of listing or till submission of charge sheet whichever is earlier,
the arrest of the petitioners, namely, Kem Singh and Kashi Ram who are
wanted in case crime No.142 of 2010 under section 420, 406, 467, 468, 471
I.P.C. police station Civil Lines, District Rampur 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 :- 1.7.2010
o.k.