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Aashutosh Pandey v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 311 of 2007  RD-AH 753 (12 January 2007)
Hon'ble R.C. Deepak, J.
Hon'ble V.K.Verma, J.
Heard Sri R.C.Dwivedi, learned counsel for the petitioner, Sri S.R.Pandey, learned counsel for the respondent no.3, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioner that it is alleged that the petitioner made a proposal for the appointment of Smt. Begam Khatoon as Shiksha Mitra and it was prepared fraudulently and the abovenamed Smt. Begam Khatoon was appointed as Shiksha Mitra. His contention is that the petitioner did not participate in the preparation of the proposal nor he made any signature. The appointment of Smt. Begam Khatoon was cancelled as a consequence she filed a civil misc. writ petition no. 52239/06 and this court has directed the District Magistrate to enquire into the matter and pass appropriate order. His contention is that the petitioner does not appear to have committed any offence as alleged in the impugned FIR but pursuant to the impugned FIR, the police is trying to effect his arrest. He is ready to co-operate with the investigation.
Considering the facts and circumstances of the case, as prayed ten days' time is granted to the respondent no.3 to file counter affidavit. The same is also given to the investigating officer for the purpose.
List on 1.2.2007.
The investigation of case crime no. 627 of 2006 under Section 419, 420, 467, 468, 471 IPC PS Kotwali Hata, Distt. Kushinagar 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/- 12th January 2007
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