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Raj Kumar Shukla v. State Of U.P. Thru' Secy. (Home) U.P. At Lkw.& Ors. - CRIMINAL MISC. WRIT PETITION No. 9982 of 2005  RD-AH 14044 (22 August 2006)
Crl. Misc. Writ Petition No. 9982 of 2005
Hon'ble Sushil Harkauli, J.
Hon'ble G.P. Srivastva, J.
Interim order staying arrest of the petitioner was granted in this writ petition on 26.9.2005 i.e., almost 11 months ago in case crime No. 584 of 2005 under sections 467/468/469/471/420 I.P.C., P.S. Kalyanpur, district Kanpur Nagar. Neither the State nor the Kanpur Development Authority have filed any counter affidavit despite lapse of so much time. The case has been called out in the revised list. No one has appeared on behalf of the Kanpur Development Authority.
We have heard learned counsel for the petitioner and the learned A.G.A.
Because the case has been listed subsequently on several occasions, therefore, we are not inclined to grant any further time for filing a counter affidavit and we dispose of this writ petition finally directing that the petitioner will not be arrested in the aforesaid criminal case until and unless it is decided to submit a charge sheet.
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