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Allahabad High Court
Shiv Prakash S/O Late Iqbal … vs State Of U.P. Thru Secy. Home & Ors. on 29 January, 2010
Court No. - 28

Case :- MISC. BENCH No. - 739 of 2010

Petitioner :- Shiv Prakash S/O Late Iqbal Shanker
Respondent :- State Of U.P. Thru Secy. Home & Ors.
Petitioner Counsel :- Anil Misra
Respondent Counsel :- G.A.

Hon'ble Alok K. Singh,J.

Hon’ble Yogendra Kumar Sangal,J.

Heard learned counsel for the petitioner, learned A.G.A. and perused the
record.

It is expedient to have counter affidavit in this case. Let the same be filed
within two weeks. Rejoinder affidavit, if any, may be filed within a week
thereafter.

List after the expiry of the aforesaid period along with writ petition no. 8741
(MB) of 2009.

Under challenge in this petition is F.I.R. relating to case crime no. 1126 of
2008, under Sections 418, 419, 420, 467, 468, 471 & 406 I.P.C. of P.S. Makhi
District Unnao.

We have gone through the contents of the F.I.R.

It comes out from record that certain buffaloes were recovered and were case
property of case crime no. 765 of 2008 and case crime no. 777 of 2008. The
recovered buffaloes were given in Supurdagi of some persons on the
condition that they shall produce the buffaloes before the Court concerned on
being directed by the Court.

It is submitted that infact the buffaloes were given in Supurdagi of actual
owners who had applied for the same and the petitioners have nothing to do
with the buffaloes, as has been specifically averred in the petition also. It is
also said that the petitioner is not named in the F.I.R. whereas Javed who
claimed to be Supurdagidar has already been given protection by this Court in
the aforesaid writ petition no. 8741(MB) of 2009 and therefore, the case of the
petitioner stands on the better footing.

Taking into consideration the overall aspect of the matter, it is directed that
the petitioner (Shiv Prakash) shall not be arrested in the above mentioned case
crime number till further orders of this Court or till submission of police
report whichever is earlier. It is made clear that investigation shall go on and
the petitioners shall co-operate in the investigation.

Order Date :- 29.1.2010
ML/-


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