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Ghanshyam & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13745 of 2007 [2007] RD-AH 15220 (10 September 2007)

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Court No.32

Criminal Misc. Writ Petition No.13745 of 2007

Ghanshyam & others v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

It is alleged that the petitioners purchased the shop in question in the year 1997 and their names were also recorded in the Municipal record in the year 1998 and since then they are paying rent to the corporation. It is further alleged that after the lapse of almost ten years the impugned FIR has been lodged by respondent no.4 from whom the petitioners purchased the shop in question. It is also submitted that the allegation does not disclose commission of cognizable offence.

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 petitioners shall not be arrested in connection with case crime no.493 of 2007, under Sections 420, 467, 468 & 471 IPC, Police Station Kosi Kalan, District Mathura until submission of charge sheet or until further order of this Court, whichever is earlier, provided they co-operate in the investigation and appear before the Investigating Officer as and when required. However, the investigation shall continue and the same may be concluded expeditiously, preferably within a period of three months.




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