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Ram Murat And Others v. State Of U.P. District Magistrate Basti And Others - CRIMINAL MISC. WRIT PETITION No. 10785 of 2005  RD-AH 4609 (21 October 2005)
Hon'ble R.C.Deepak, J.
Heard learned counsel for the petitioners, learned Addl. Government Advocate for the State and perused the record.
It is contended by the learned counsel for the petitioners that the petitioner no.1 is the father of Kesho Ram. Kesho Ram was murdered on 8.7.2002 and a case as case crime no. 141 of 2002 under Sections 147, 148, 149, 341, 302 IPC pertaining to P.S. Purani Basti Distt. Basti was registered against the respondent Arun Kumar and certain others and the trial is pending. The petitioners Vijai Bahadur and Raj Kumar are the sons of Ram Murat and the brother of the abovenamed deceased. No occurrence took place on 16.10.2003 as alleged in the complaint and the complaint has been filed in contrast to the above murder case.
Considering the facts and circumstances of the case, but without expressing any opinion on the merit of the case, issue notice to respondent no.2 returnable within four weeks.
List on 8.12.2005.
Till then the proceedings in complaint case no. 6358 of 2003 pending before the ACJM, Basti shall remain stayed.
Dated: 21st October , 2005.
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