Rajneesh vs State Of U.P. And Another on 21 January, 2010

Allahabad High Court
Rajneesh vs State Of U.P. And Another on 21 January, 2010
Court No. - 28

Case :- U/S 482/378/407 No. - 189 of 2010

Petitioner :- Rajneesh
Respondent :- State Of U.P. And Another
Petitioner Counsel :- L.P. Shukla-Ii
Respondent Counsel :- Govt. Advocate

Hon'ble Alok K. Singh,J.

Heard the learned counsel for the applicant/petitioner and learned A.G.A. who
has put in appearance on behalf of State of U.P., opposite party no.1.

Issue notice to opposite party no.2 returnable at an early date.

Steps may be taken within seven days by registered post failing which the
interim order which is being passed hereinbelow shall come to an end
automatically.

List immediately after service.

It is submitted that as would be apparent from the perusal of the statement
under Section 161 Cr.P.C. nothing has been said against the petitioners
showing his complicity. The only basis of his implication appears to be a
casual statement of the co-accused Jamal alias Jamallu alias Shamshad who
says that there is a gang of thieves in which the petitioner is also involved.

It appears to be an arguable case.

In view of the above, as an interim measure it is provided that till the
pendency of this petition the proceedings arising out of Case Crime No.669 of
2009, under Sections 379/411 I.P.C., Police Station Madiyaon, District
Lucknow so far it relates to the petitioner shall remain stayed.

Order Date :- 21.1.2010
PAL/

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