Learned counsel for the petitioner contends that the F.I.R. case is to the effect that Zabbar and Rafiq exhorted Ishtiyak and Shami to put the factory on fire. On the said Lalkara, Shabbir and Ishtiyak put the factory on fire. Learned counsel further contends that the F.I.R. was lodged at the instance of an eye-witness. There is no allegation against the petitioner of putting the factory on fire.
At this stage, only the petitioner has been maintained as an accused and others have not been nominated as accused.
Learned counsel further states that the witnesses named in the F.I.R. have supported the F.I.R. version. Petitioner has been implicated on the statement of Smt. Zafrunnisa. Zafrunnisa, however, has sworn an affidavit to the effect that she did not give any such statement.
Issue notice for August, 2012.
Respondent-State is directed to apprise this court as to on the basis of what material the petitioner has been nominated as accused in context of the averments, noted above.
Order Date :- 28.5.2012 A.Nigam