Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 14235 of 2010 Petitioner :- Krishna Murari Mishra Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajiv Lochan Shukla 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 contended by learned counsel for the petitioner that it is a case of no
injury. First information report has been lodged after three months from the
date of alleged occurrence by moving application under section 156 (3)
Cr.P.C.
In these circumstances issue notice to respondent no.4 who may file counter
affidavit within four weeks. Learned A.G.A. may also file counter affidavit in
the meantime. Rejoinder affidavit if any may be filed within two weeks next
thereafter.
List this matter after expiry of the aforesaid period.
Till next date of listing or till submission of charge sheet whichever is earlier,
the arrest of the petitioner, namely, Krishna Murari Mishra who is wanted in
Case Crime No. 632 of 2010 under section 307/504/506 I.P.C. read with
section 3 (1) (X) of S.C. & S.T.Act , P.S. Jalalabad , District Muzaffar Nagar
shall remain stayed of course subject to the restraint that the petitioner shall
fully cooperate with the investigation and shall appear as and when called
upon to assist in the investigation.
Order Date :- 6.8.2010
Naim