High Court of Judicature at Allahabad
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Ram Abhilash Mishra & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 425 of 2007  RD-AH 1017 (16 January 2007)
Hon'ble R.C. Deepak, J.
Hon'ble S.C.Nigam, J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioners that the allegations made in the impugned FIR against the petitioners are not correct as Rs.92,000/- was looted by the respondent and others and Rs.32,000/- was returned. In this regard, the petitioners lodged an FIR registered as case crime no.475A of 2006 under Sections 409, 392 IPC, a copy of which is appended as Annexure 7 to the petition. He further submits that the impugned FIR and Annexure 7 relate to the same subject matter and both are required to be investigated, therefore, the arrest of the petitioners on the basis of the impugned FIR is not necessary. They are ready to co-operate with the investigation.
Considering the facts and circumstances of the case, let notice be issued to the respondent no. 3 to file counter affidavit within three weeks. Same time is given to the investigating officer for the purpose.
List on 19th February 2007.
The investigation into case crime no. 475 of 2006 under Section 409 IPC PS Harraiya Distt. Basti shall go on but the arrest of the petitioners shall not be effected till the date fixed, provided they co-operate with the investigation.
Dt/- 16th January 2007
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