Court No. - 25 Case :- MISC. BENCH No. - 2919 of 2010 Petitioner :- Lalji Respondent :- State Of U.P. Thru Secretary Home Petitioner Counsel :- R.N. Shukla Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioners and learned Additional Government
Advocate.
Under challenge in this writ petition is FIR relating to crime no.194 of 2010
under sections 419, 420, 406 & 506 IPC of Police Station Dewa,district
Barabanki.
We have gone through the contents of the FIR and the other documents
annexed along with the writ petition and in particular Annexure-2 and
Annexure-3 annexed to the petition.
From a bare reading of Annexure-2 and Annexure-3 it is evident that the
impugned FIR has been lodged due to vengeance and the same seems to be
outcome of statement of one Shiv Prasad, brother-in-law (Sala) of opposite
party no. 3. On earlier occasion too, FIR was lodged vide case crime no. 455
of 2008 under Section 364 IPC at Police Station Mohammadpur Khala,
district Barabanki against the petitioners wherein after recovery of said Shiv
Prasad, his statement under Section 164 Cr.P.C. was recorded, copy of which
has been annexed as Annexure-4 to the petition.
Issue notice to opposite party no. 3 returnable at an early date. Opposite
parties may file counter affidavit within six weeks.Two weeks thereafter
are granted to the petitioners to file rejoinder affidavit, if any.
List the petition after expiry of said period.
Till next date of listing, it is directed that the petitioners shall not be arrested
in the above mentioned case crime number. However,investigation shall go on
and the petitioners shall cooperate with the same.
Order Date :- 2.4.2010
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