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Naresh Kumar Taneja & Anr. v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13186 of 2007 [2007] RD-AH 14851 (1 September 2007)

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Criminal Misc. Writ Petition No. 13186 of 2007

Naresh Kumar Taneja and another Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi, J.

It is alleged that the petitioners' son purchased Plot No. 138/1 by a registered sale deed in the year 1988 and since then he is in possession of the aforesaid piece of land and also made construction over it. It is also contended that his name has also been mutated and till date no objection was made from any quarter. It is also stated that the complainant has purchased plot no. 139 in the year 1988. It is further submitted that in respect of plot in question Civil Suit No. 256 of 1993 is pending before the Civil Judge, Saharnpur and the disposal of the same is being delayed because of the complainant, who thrice sought amendment in the plaint. It is further submitted that on account of long civil litigation pending between the parties the impugned FIR has been lodged mala fidely just to harass the petitioners.

Issue notice to respondent no.3 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 and 2 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, in the meanwhile, it is provided that the petitioners shall not be arrested in Case Crime No. 92 of 2007, under Sections 403, 448, 468 and 506 IPC, Police Station Kotwali Dehat, District Saharanapur 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.

Dated: 1.9 .2007



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