Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12761 of 2010 Petitioner :- Smt. Archana Tiwari & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Rakesh Dubey,Rajiv Gupta 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 the learned counsel for the petitioners that on the
basis of almost same allegations a complaint under Section 138
Negotiable Instrument Act is pending.
Issue notice to respondent no.3 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 petitioners, namely, Smt. Archana Tiwari
and Manish Tiwari who are wanted in Case Crime No.145 of 2010,
under Sections 323, 406, 420, 504, 506 I.P.C., P.S. Lal Kurti,
District Meerut shall remain stayed of course subject to the
restraint that the petitioners shall fully cooperate with the
investigation and shall appear as and when called upon to assist in
the investigation.
Order Date :- 19.7.2010/Mustaqeem.