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Bhupendra Singh Bhadouria v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13883 of 2007 [2007] RD-AH 15383 (12 September 2007)

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Court No.32

Criminal Misc. Writ Petition No.13883 of 2007

Bhupendra Singh Bhadouria v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

It is alleged that the incident had taken place some time in September, 2006 and the impugned FIR has been lodged on 17.8.2007. It is also alleged that in respect of accommodation in question civil suit no.13 of 2006 is pending before the civil court wherein the informant is a defendant and, therefore, the impugned FIR has mala fidely been lodged.

Learned AGA appearing for respondent nos.1 & 2 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.3 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 connection with case crime no.120 of 2007, under Sections 447, 457 & 380 IPC and Section 3 (1) x of the SC & ST Act, Police Station Kotwali Hamirpur, District Hamirpur until submission of report under Section 173 Cr.P.C. 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 the same may be concluded expeditiously, preferably within a period of three months.




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