Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 26623 of 2009 Petitioner :- Vishwa Nath Respondent :- State Of U.P. And Others Petitioner Counsel :- Umesh Chandra Mishra,Akhilesh Kumar Pandey 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 learned counsel for the petitioner that initially one N.C.R.
was lodged by the deceased against Sarvesh, Babloo and Raju. Thereafter, he
committed suicide and the same G.D. entry under Sections 323 and 504 I.P.C.
was converted into the F.I.R and registered as case crime no.174 of 2009,
under Section 306 I.P.C. It is further submitted that in the said F.I.R. the
name of the petitioner has not been mentioned as accused and the case of the
petitioner is distinguishable from the case of other accused persons.
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 petitioner, namely, Vishwa Nath,who is involved in
case crime no.174 of 2009, under Sections 323, 506 and 306 I.P.C., P.S.
Phaphoond, District Auriya 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 :- 5.1.2010
Asha