Allahabad High Court
Kamal Sharma vs State Of U.P. & Others on 21 July, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 13013 of 2010 Petitioner :- Kamal Sharma Respondent :- State Of U.P. & Others Petitioner Counsel :- Ved Byas Mishra Respondent Counsel :- Govt. Advocate,Suneel Rai 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 and learned counsel for the complainant. We have been taken through the allegations contained in the F.I.R. and the material on record.
It is submitted by learned counsel for the petitioner that petitioner is the bonafide purchaser and the main accused are Mahak Singh, Praveen and Om Narain and the case of the petitioner is distinguishable from the case of other accused persons.
Learned counsel for the complainant prays for and is granted three weeks time to file counter affidavit. 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, Kamal Sharma who is wanted in case crime No. 576 of 2010 under sections 420, 467, 468, 471 I.P.C. P.S. Sector 24 Noida District Gautambudh Nagar 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 :- 21.7.2010 o.k.