Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12940 of 2010 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Manisha Pandey 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.
It is submitted by the learned counsel for the petitioner that the
petitioner is the bonafide purchaser. He had purchased the land
from Mani Ram who was living for the last thirty years on the land.
The case of the petitioner is distinguishable from the case of Mani
Ram.
Issue notice to respondent nos. 4 and 5 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, Om Prakash Singh
who is wanted in Case Crime No. 238 of 2010, under Sections
420, 504, 506 and 120B I.P.C., P.S. Kotwali City, district Bijnor
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 :- 21.7.2010
Shahnawaz