Hon'ble Yogendra Kumar Sangal,J.
Connect with W.P.No. 12034 (MB) of 2009 and 11924 (MB) of 2009 and list accordingly.
Heard learned counsel for the petitioner and learned A.G.A for the State.
We have gone through the material on record including FIR in question.
Let notice be issued to opposite party No. 4 who may file counter affidavit.
A counter affidavit on behalf of the State be also filed before the next date.
It is submitted that in one of the the aforesaid connected writ petitions, an interim order has been granted in favour of Sri Jitendra Singh Chauhan, the petitioner of writ petition No. 11924 (MB) of 2009 , who was also an employee in the U.P.Police Radio Head Quarter , Mahanagar. It is submitted by the learned counsel for the petitioner that the present petitioner also happens to be A.S.I (M) in the same establishment and there is no good ground to deprive him of the same relief on the ground of parity itself.
In view of the above, as an interim measure, it is directed that till the next date of listing or till filing of police report whichever is earlier, the arrest of the petitioner shall remain stayed in case crime No. 600 of 2009, under sections 420,109,467,468,471,120B IPC and under section 13 (1) ST-15 of Prevention of Corruption Act, Police Station Mahanagar, district Lucknow subject to the condition that he shall fully cooperate with the investigation which shall go on.
Order Date :- 28.1.2010 R.P/