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Vijay Pal Jain v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 544 of 2007 [2007] RD-AH 1237 (18 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 Sri A.B.L.Gour, learned Senior counsel assisted by Sri Y.S.Bohra, learned counsel for the petitioner,  learned A.G.A. for the State and perused the record.

It has vehemently been argued by the learned counsel for the petitioner that the petitioner is a farmer having sufficient land and in the year 1998 the petitioner has supplied potatoes worth Rs.11 lack and he was issued a cheque from Central Co-operative Society. This society has a business to provide the loans for raising houses and other purposes. It is alleged that the society has sanctioned loan to some undesirable persons and in this regard an enquiry was conducted but nothing was detected against the petitioner. He further submits that the impugned FIR has been registered in regard to some facts but the petitioner is not figured as an accused therein. He further submits that the investigating agency is proceeding with the investigation and it appears that some substance/evidence has been collected against the petitioner to show his participation in the alleged offence but the petitioner has not been made available to those facts and evidence but the investigating agency is trying to effect his arrest. He is ready to co-operate with the investigation.

On the other hand, learned AGA submits that he could not get the details in regard to the allegations, therefore, he may be provided two weeks' time to file the counter affidavit replying the arguments of the learned counsel for the petitioner.

As prayed two weeks' time is granted to file counter affidavit.

List on 13.2.2007 as unlisted.

Till then no coercive measure shall be initiated against the petitioner pursuant to the impugned FIR dated 10.10.2004 registered as Case Crime no.180 of 2004.

Dt/- 18th  January 2007

PKG/2 (544/07)


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