High Court of Judicature at Allahabad
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Sanjay Yadav v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 426 of 2007  RD-AH 954 (15 January 2007)
Hon'ble R.C. Deepak, J.
Hon'ble S.C.Nigam, J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioner that the allegations of fraudulently obtaining the cheque against the petitioner is false as the petitioner did not encash the cheque but the same was encashed by constable Hanshraj, as has been disclosed under paragraph 17 to the petition but pursuant to the impugned FIR, the police is trying to effect his arrest. He is are ready to co-operate with the investigation.
Considering the facts and circumstances of the case, let notice be issued to the respondent no. 4 to file counter affidavit within three weeks. Same time is given to the investigating officer for the purpose.
List on 08th February 2007.
The investigation into case crime no. 422 of 2006 under Section 406 IPC PS Dhoomanganj Distt. Allahabad 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/- 16th January 2007
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