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[Cites 4, Cited by 12]

Allahabad High Court

Vivek Kumar Yadav vs State Of U.P. & Others on 6 July, 2010

Bench: Imtiyaz Murtaza, Naheed Ara Moonis

Court No. - 42

Case :- CRIMINAL MISC. WRIT PETITION No. - 11862 of 2010

Petitioner :- Vivek Kumar Yadav
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Sanjay Shukla
Respondent Counsel :- Govt. Advocate

Hon'ble Imtiyaz Murtaza,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and also learned A.G.A. appearing for the State.

We have been taken through the allegations contained in the F.I.R. and the material on record.

Issue notice to respondent no. 3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List this matter after the expiry of the aforesaid period. Till next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioner, namely, Vivek Kumar Yadav who is wanted in case crime No. 818 of 2010 under sections 323, 504, 506 I.P.C. and 3(1)X of S.C.S.T. Act P.S. Chauri Chaura District Gorakhpur shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

Order Date :- 6.7.2010 o.k.