Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26686 of 2009 Petitioner :- Virendra Chauhan Respondent :- State Of U.P. And Others Petitioner Counsel :- M.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Shri Kant Tripathi,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.
It is submitted by the counsel for the petitioner that it is a case of no injury
and report has been lodged after two days.
Issue notice to respondent no.4, 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 petitioner, namely, Virendra Chauhan, who is
involved in case crime no. 371 of 2009 under Sections 392, 307, 323, 504,
506 IPC and section 3(1)(X) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, P.S. Rasra District Ballia, 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 :- 4.1.2010
RKSh