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Shiv Kumar v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 7095 of 2007  RD-AH 10299 (31 May 2007)
Criminal Misc. Writ Petition No.7095 of 2007
Shiv Kumar v. State of U.P. & others.
Hon'ble S. Rafat Alam, J.
Hon'ble A.K. Roopanwal, J.
It is contended that the impugned FIR has been lodged as a counter blast to the application filed by the petitioner under Section 156 (3) Cr.P.C. against the complainant prior to the date of the impugned FIR.
Learned AGA appearing for respondent nos.1 and 3 prays for and is allowed six weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
Issue notice to respondent no.4 through registered post with AD returnable within six weeks. Steps to be taken within a week.
List the writ petition immediately after the expiry of the aforesaid period.
Considering the submissions made before us and looking to the fact of the case, it is provided that the petitioner shall not be arrested in case crime no.232 of 2007, under Section 506 IPC, Police Station Hapur Nagar, District Ghaziabad until submission of report or until further order of this Court, whichever is earlier, provided he co-operates in the investigation and appears before the Investigating Officer as and when required. However, the investigation shall continue and police may submit report under Section 173 Cr.P.C. after necessary investigation expeditiously.
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