Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 1067 of 2010 Petitioner :- Vinay Shankar Lal Srivastava & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashish Kumar Mishra-Ii,Saurabh Basu 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.
We have been taken through the allegations contained in the F.I.R. and the
material on record.
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 expiry of the aforesaid period.
Till the next date of listing or till submission of charge sheet whichever is
earlier, the arrest of the petitioners, namely, Vinay Shankar Lal Srivastava and
Rahul,who is involved in case crime no.366 of 2009, under Sections
323,504,506 I.P.C. and 3(1) (x) S.C.& S.T. Act, P.S.Seorahi, District
Kushinagar 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 :- 28.1.2010