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Lalmani & Tohers v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 10589 of 2007  RD-AH 13646 (7 August 2007)
Criminal Misc. WP No. 10589 of 2007
HON'BLE YATINDRA SINGH, J.
HON'BLE RK RASTOGI, J.
Counsel for the petitioner submits that
(i)a civil litigation is already pending between the parties and there is interim order in favour of the petitioner.
(ii)The FIR has been lodged 18 months after the alleged incident.
Notice on behalf of respondents no. 1 and 2 has been accepted by the AGA. Issue notice to respondent no. 3 by registered post. List this petition for admission after service of notice upon respondent no. 3.
In the meantime, investigation may be continued but the petitioners will not be arrested in case crime no. 471 of 2007 under sections 323 and 504 IPC and section 3(1) V of the SC/ST Act, police station Madiahu, district Jaunpur till the next date of listing or till submission of the police report under section 173(2) CrPC (whichever is earlier) provided he cooperates in the investigation.
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