Allahabad High Court
Braj Bhushan Singh & Others vs State Of U.P. & Others on 12 July, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12311 of 2010 Petitioner :- Braj Bhushan Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwini Kumar Awasthi,Manish Tiwary Respondent Counsel :- Govt. Advocate,Siddharth Singh Hon'ble Imtiyaz Murtaza,J.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the petitioners 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.
It is contended by learned counsel for the petitioners that the petitioners have maliciously been dragged in the criminal proceedings. The petitioners no.1 to 6 are the bonafide purchasers of the land in question. There is no act of cheating on the part of the petitioners.
Having considered the submission advanced by learned counsel for the petitioners, this Court is not inclined to interfere in the matter of stay of arrest of petitioner no.7 therefore, the prayer for stay of arrest of petitioner no.7 Amit Harit is refused. The prayer for stay of arrest of petitioners no.1 to 6 are accepted. . Issue notice to respondent no.3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit in the meantime. Rejoinder affidavit if any may be filed within two weeks next thereafter.
List this matter after expiry of the aforesaid period. Till next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioners no.1 to 6, namely, Braj Bhushan Singh, Babu Khan, Rajiv Kumar, Kuldeep Singh, Nawab Singh,Saeed Alam Khan & Amit Harit who are wanted in Case Crime No. 1661 of 2010 under section 406/420/467/468/471/120B I.P.C., P.S. Sahibabad , District Ghaziabad shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
Order Date :- 12.7.2010 Naim