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Sadab Ahmad And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 11896 of 2006  RD-AH 12153 (17 July 2007)
Crl. Misc. Writ Petition No. 11896 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble K.N. Ojha, J.
We have examined the date of lodging the first information report as well as the order of this Court dated 21.5.2007.
Having regard to the totality of the facts and circumstances obtaining in this particular case, we dispose of this writ petition finally by directing that none of the petitioners will be arrested during the pendency of investigation provided they furnish within one month from today, their personal bonds and one surety each at Rs. 10,000/- to the satisfaction of the C.M.M. Kanpur Nagar. Personal bonds will not be required of those petitioners who are minors and mere surety will be sufficient. The Investigating Officer while submitting the report under section 173 Cr. P.C., will take into consideration the facts mentioned in the order of this Court dated 21.5.2007, which is reproduced below for ready reference.
"Petitioner No. 6 is present before the Court. She has stated that she has already married with petitioner No. 1 and she wants to stay with the family of petitioner No. 1 namely petitioners No. 1 to 5. Two counter affidavits have been filed by respondents No. 1 to 3 and 4 which indicate that the date of birth of petitioner No. 1 as per High School Certificate is 12.11.1988 and as such she is major today.
List this writ petition in the third week of July, 2007 along with Crl. W.P. No. 13722 of 2006. Till the next date of listing, the petitioners shall not be arrested in pursuance of FIR dated 11.9.2006 in case crime no. 93 of 2006 under sections 363 & 366 IPC, police station Bekanganj, district Kanpur Nagar."
Dated: July 17, 2007
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