Allahabad High Court
Ashok Kumar Srivastava And Another vs State Of Up Thru . Prin. Secy. Deptt. Of ... on 13 May, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 2744 of 2022 Petitioner :- Ashok Kumar Srivastava And Another Respondent :- State Of Up Thru . Prin. Secy. Deptt. Of Home Civil Secrtt. Lko And Others Counsel for Petitioner :- Rakesh Pathak,Vijay Pathak Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Sri Vijay Pathak, learned counsel for the petitioners and Badrul Hasan, learned Additional Government Advocate for the State-respondents and perused the impugned F.I.R. as well as material brought on record.
It has been submitted by the learned counsel for the petitioners that entry in the Revenue Record has been made on the basis of the death certificate issued by then Secretary and there is no role of the petitioners in issuance of the said death certificate and the petitioners have performed their duties by mutating the names of Parvesh Kumari, who had submitted the death certificate as well as Family Register.
Prima-facie, arguments advanced appear to have some substance and require consideration by this court, therefore, a case for interim relief is made out.
Issue notice to respondent no. 4. Steps betaken within ten days.
Let a counter affidavit be filed within four weeks. Rejoinder Affidavit, if any, may be filed within two weeks thereafter.
List after six weeks.
Till the next date of listing, arrest of petitioners pursuant to the impugned F.I.R. No. 0074 of 2021, under sections 147,504,506,420,467,468 & 471 I.P.C., Police Station-Mawai, district-Ayodhya, shall remain stayed.
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(Mrs. Saroj Yadav,J.) (Ramesh Sinha,J.) Order Date :- 13.5.2022 AKS