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Raj Kumar Sharma v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 16888 of 2007 [2007] RD-AH 17233 (31 October 2007)

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Hon. Imtiyaz Murtaza, J.

Hon. Ajai Kumar Singh, J.

Heard learned counsel for the petitioner and perused the materials on record.

It is submitted by learned counsel for the petitioner that the respondent no. 3 had filed F.I.R. against one Subhash under section 302, 452,324, 354 and 506 I.P.C. and Section 3/2/5 of the SC/ST Act which was registered at case crime no. 233 A of 2004 at P.S. Khurja Dehat District Bulandshahr alleging therein that the accused had molested the informant and murdered Smt. Sarasvati of the Informant of that case. After investigation, a charge sheet was submitted. After elapse of three years, the respondent no.3 moved another application before the District Magistrate containing allegations of committing murder of Smt. Saraswati against the petitioner and one Sanjai Sharma on the basis of which the F.I.R. in question has been lodged.

It is argued by the learned counsel for the petitioner that this case has been registered as cross case. It is further argued that at the most, the allegations made in the application can be treated as one under section 161 Cr.P.C.

Since charge sheet has already been submitted and the Magistrate has taken cognizance in the case, it is now open to the Informant to implead accused only at the time of recording of her evidence and if at all, the petitioner can be summoned under section 319 Cr.P.C.

Learned A.G.A. prays for time to seek instructions.

List this matter in the first week of Dec 2007.

Till further orders or till submission of the charge sheet whichever is earlier, the arrest of the petitioner namely, Raj Kumar Sharma who is wanted in case crime no. 233 A of 2004 under section 302, 452, 324, 354, and 506 I.P.C. and section 3 (2) 5 SC/ST Act P.S.Khurja Dehat District Bulandshahr shall remain stayed of course subject to the postulates that the petitioner shall fully cooperate with the investigating officer and shall appear as and when called upon to do so.





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