Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 13085 of 2010 Petitioner :- Om Prakash & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Rajeev Chaddha 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.
It is submitted by learned counsel for the petitioners that the petitioners are
bonafide purchaser and the case of the petitioners is distinguishable from the
case of vendor.
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 petitioner, namely, Om Prakash Arya and Sandeep Kumar
who are wanted in case crime No. 747 of 2010 under sections 406, 420, 467,
468, 471 I.P.C. police station Ghaziabad Kotwali District Ghaziabad 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 :- 22.7.2010
o.k.