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Aswni Kumar v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13082 of 2007 [2007] RD-AH 14740 (31 August 2007)

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Court No.32

Criminal Misc. Writ Petition No.13082 of 2007

Aswni Kumar v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

We have heard learned counsel for the petitioner and the learned AGA.

It is alleged that the petitioner had not purchased the tractor from respondent no.4 but the son of respondent no.4 with a view to harass him has wrongly stated that it has been purchased by the petitioner. It is also alleged that even if assuming the allegation to be correct, at the best the petitioner is the bona fide purchaser and the allegation does not constitute any cognizable offence against him.

Learned AGA appearing for respondent no.1 to 3 prays for and is allowed four 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 six weeks.

Considering the submissions made before us and looking to the fact of the case, in the meanwhile, it is provided that the petitioner shall not be arrested in case crime no.106 of 2007, under Section 379 IPC, Police Station Lalouli, District Fatehpur 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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