NISAR AHMAD & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Nisar Ahmad & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 17129 of 2007 [2007] RD-AH 16882 (25 October 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon. Imtiyaz Murtaza, J.

Hon. Ajai Kumar Singh, J.

Petitioners namely Nisar Ahmad and Badrunnisa who are wanted in case crime No. C-21 of 2007 under sections 419, 466, 468, 471, 473, 474, 488 I.P.C. P.S. Shohratgarh District Sidharth Nagar have preferred the present petition seeking the relief of quashing the F.I.R.

It is alleged that the petitioners being general caste Muslim obtained fake backward caste certificate and contested election and romped home on that basis. The F.I.R. has been lodged in the present case pursuant to order of the Court passed under section 156 (3) Cr.P.C. On the other hand. On the other hand, learned counsel for the petitioners emphatically denied the allegations and claimed themselves O.B.C.

Issue notice to respondent no.3.

Learned A.G.A. prays for and is granted four weeks' time to file Counter affidavit. Rejoinder affidavit, if any may be filed within two weeks next thereafter. List this matter after expiry of the aforesaid period.

Till next listing or till submission of charge sheet whichever is earlier, arrest of the petitioners who are wanted in case crime as aforesaid shall remain stayed however, subject to the restraint that they shall fully cooperate with the investigation of the case and shall appear as and when called upon to do so. It needs hardly be said that in case there is any default with any of the conditions as aforesaid, the aforesaid order shall cease to be operative.

W/P No. 17129 of 07

M.H.

25.10.2007

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