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[Cites 3, Cited by 13]

Allahabad High Court

Shafiq Khan & 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. - 1862 of 2010

Petitioner :- Shafiq Khan & Others
Respondent :- State Of U.P. & Others
Petitioner Counsel :- S.M. Asghar,V.M. Zaidi
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.

Victim petitioner no.6 is present in the court and has been identified by her lawyer. It is submitted by the learned counsel for the petitioners that, petitioner no.6 has married with the petitioner no.5 out of her own free will and both the petitioners are major.

Learned counsel for the complainant prays for and is granted two weeks to file counter affidavit. Learned A.G.A. may also file counter affidavit in the meantime. Rejoinder affidavit if any may be filed within one week next thereafter.

List this matter after expiry of the aforesaid period. Till next date of listing, the arrest of the petitioners, namely, Shafiq Khan, Khurshid Khan, Akram, Rameez alias Mamu, Abdulla and Aayushi Mittal alias Aisha who are wanted in Case Crime No.25 of 2010, under Section 364-A, 504 and 506 I.P.C., P.S. Khurja Nagar, district Bulandshahar 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 Shahnawaz