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Madan Mohan Sharma v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 16943 of 2007  RD-AH 17128 (30 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble R.C. Deepak, J.
Hon'ble K. N. Ojha, J.
Heard Sri Ravi Kant, learned senior counsel with the assistance of Sri Nitin Sharma, learned counsel for the petitioner, Sri A.K.Dwivedi, learned A.G.A. for the State and perused the record.
It has vehemently been argued by the learned counsel for the petitioner that the allegations made against the petitioner in the impugned first information report are false and concocted as the petitioner purchased plot no. 201 from one Dewa Ram son of Kalloo Ram, as has been disclosed under paragraph 3 to the writ petition. He also submits that the petitioner has filed civil suit no. 1068 of 2007 against the Nagar Nigam, a copy of the same is annexed as Annexure 11 to the petition. His further contention is that no proper enquiry was held to work out the truth and the first information report has been lodged without any concrete basis and pursuant to which the police is trying to effect his arrest. He is ready to co-operate with the investigation.
On the other hand, learned AGA submits that a reasonable time may be granted to him to file counter affidavit.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit thereof, let notice be issued to the respondent no.4 to file counter affidavit within four weeks. The same time is given to the investigating officer for the purpose.
List on 3rd December 2007.
The investigation of case crime no. 549 of 2007 under Section 464, 447, 420, 467, 468, 471 IPC PS Transport Nagar, Distt. Meerut shall go on but the arrest of the petitioner shall not be effected till the date fixed, provided he co-operates with the investigation.
Dt/-30th October 2007
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