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[Cites 5, Cited by 2]

Allahabad High Court

Abdul Azij & Others vs State Of U.P. & Others on 3 February, 2010

Bench: R.K. Agrawal, S.C. Agarwal

Court No. - 32

Case :- CRIMINAL MISC. WRIT PETITION No. - 1513 of 2010

Petitioner :- Abdul Azij & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- Ashok Kumar Singh
Respondent Counsel :- Govt. Advocate

Hon'ble R.K. Agrawal,J.

Hon'ble S.C. Agarwal,J.

Heard learned counsel for the petitioners and also learned AGA appearing for the State.

We have been taken through the allegations contained in the FIR and the material on record.

Issue notice to respondent no. 4, who may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List thereafter before appropriate Bench. Till the next date of listing or till submission of charge sheet whichever is earlier, the arrest of the petitioners namely Abdul Azij, Naseem, Saifun Nisha, Idrish, Najama, Shifunnisha and Nasrudeen who are involved in case crime no. 70 of 2010 under Sections 498-A/323/504/506/307 I.P.C. and 3/4 D.P.Act Police Station Jiyanpur district Azamgarh 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 and investigation may go on. It shall not be treated as tied up or part heard with this Bench and shall stand released from the order of assignment. Order Date :- 3.2.2010 GNY