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Mahboob Ali & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13182 of 2007  RD-AH 14844 (1 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Criminal Misc. Writ Petition No. 13182 of 2007
Mahbood Ali and another Vs. State of U.P. and others
Hon'ble S. Rafat Alam, J.
Hon'ble V.D.Chaturvedi, J.
It is submitted that the arrest of co-accused have already been stayed by another Division Bench of this Court vide orders dated 14.8.2007 in Civil Misc. Writ Petition No. 11702 of 2007 and 22.8.2007 in Criminal Misc. Writ Petition No. 11817 of 2007. It is also submitted that the allegation pertains to civil nature and it does not disclose any cognizable offence.
Connect this writ petition with Civil Misc.Writ Petition No. 11702 of 2007 and Criminal Misc. Writ Petition No. 11817 of 2007.
Issue notice to respondent no. 4 through registered post with AD returnable within six weeks. Steps to be taken within a week.
Learned Additional Government Advocate appearing for the State- respondents no.1 to 3 prays for and is granted four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed, within two weeks thereafter. List thereafter.
Considering the submissions and looking to the facts of the case and also in view of the order of another Division Bench of this Court vide orders dated 14.8.2007 in Civil Misc. Writ Petition No. 11702 of 2007 and 22.8.2007 in Criminal Misc. Writ Petition No. 11817 of 2007,in the meanwhile, it is provided that the petitioner shall not be arrested in Case Crime No. 1315 of 2007, under Sections 420, 467, 468, 471, 120-B, 441, 447, 448 and 506 IPC, Police Station Amroha Nagar, District Jyotiba Phuley Nagar till submission of report under Section 173 of Cr.P.C. or until further orders of this Court whichever is earlier provided they cooperate in the investigation and appear before the Investigating Officer as and when required.
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