BHAWANI SHANKARRR UPADHYAYA & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Bhawani Shankarrr Upadhyaya & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12294 of 2007 [2007] RD-AH 14293 (21 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Criminal Misc. WP No. 12294 of 2007

HON'BLE YATINDRA SINGH, J.

HON'BLE RK RASTOGI, J.

Counsel for the petitioner submits that in the application for repayment of the amount  moved in the suit, photograph of all the four claimants including the complainants were affixed and it bears their signatures also (Annexure-4 to the writ petition) and in any case proceedings are barred by section 195 CrPC.

Issue Notice.

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. 235 of 2007 under sections 406, 504, 506 IPC, police station Jansa, district Varanasi till the next date of listing or till submission of the police report under section 173(2) CrPC (whichever is earlier) provided they cooperate in the investigation.

Date:  21.8.2007

SKS

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