Allahabad High Court
Iliyas & Others vs State Of U.P. & Others on 4 February, 2010
Bench: Imtiyaz Murtaza, Naheed Ara Moonis
Court No. - 41 Case :- CRIMINAL MISC. WRIT PETITION No. - 1677 of 2010 Petitioner :- Iliyas & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Amit Respondent Counsel :- Govt. Advocate 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.
Supplementary affidavit has been filed by learned counsel for the petitioners be taken on record. It has been mentioned in paragarph-2 of the supplementary affidavit that there is no criminal history of the petitioners.
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 expiry of the aforesaid period. Till the next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioners, namely, Iliyas, Yaseen, Sabu and Kapil, who are involved in case crime no.1480 of 2009, under Sections 452,392,323,324, 504 and 506 I.P.C., P.S. Nehtaur, District Bijnor 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 :- 4.2.2010 Asha