Hon'ble Vedpal,J.
Rejoinder against the counter affidavit filed on behalf of the opposite party no.4 filed today, is taken on record.
There is nobody from the side of the opposite party no.4. Opposite party no.4 may obtain a copy of the rejoinder affidavit from the office of this Court whenever he appears.
Learned Counsel for the petitioners pointed out that Madhaw Bhimsaria one of the accused having similar allegation, has already been granted order of stay of arrest vide order dated 11.2.2010 passed in Writ Petition No.1211 (M/B) of 2010(Annexure RA-1) and therefore, there is no ground to deprive the present petitioners from getting the same relief.
Learned A.G.A. has nothing to say substantial against them except that according to the instructions received, investigation is in progress.
In view of the above, let this case be listed for final hearing in the cause list.
However as an interim measure, it is provided that till the next date of listing or till filing of the chargesheet, whichever is earlier, the petitioners ( Rajesh Kumar Keshwani, Surya Bali Yadav, Kunwar Pal and Bhawat Sharan ) shall not be arrested in Case Crime No.680 of 2009 under Sections 147, 323, 504, 506, 308, 419, 468, 471 I.P.C., Police Station Alambagh, District Lucknow, subject to their cooperation in the investigation which shall go on.
Order Date :- 10.5.2010 Shukla