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Shoaib And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 397 of 2007 [2007] RD-AH 1029 (16 January 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


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 there is a dispute with regard to a house and civil litigation is pending between the parties. The petitioner nos.1 and 8 have also sustained injuries but the report was not lodged. Petitioner nos.8,9,10 and 11 are ladies. The injuries suffered to the victim in the impugned FIR do not appear to be grievous one but pursuant to the impugned FIR, the police is trying to effect their arrest. They are ready to co-operate with the investigation.  

Considering the facts and circumstances of the case,   in the event the petitioner nos. 2,3,4,5,6,7,12 and 13  put in their appearance or are produced before the court below and make application for their release on bail in Case Crime no. 462 of 2006 under Section 147, 149, 323, 336, 436, 447, 511 IPC P.S. Mandi, District Saharanpur, the same shall be heard and disposed of expeditiously in accordance with law.

In case of petitioner nos. 1,8,9,10 and 11,  if the investigation into the above Case Crime  has not been concluded, the same shall be concluded within a period of three months from the date of presentation of a certified copy of the order and till then the arrest of the petitioner nos. 1,8,9,10 and 11 shall not be effected,  provided  they co-operate with the investigation.

The petition stands disposed of accordingly.

Dt/- 16th Januray, 2007



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