Court No. - 65
Case :- CRIMINAL MISC. WRIT PETITION No. - 1792 of 2019 Petitioner :- Ram Gulam And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Singh,B.N.Singh Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ifaqat Ali Khan,J.
Vakalatnama filed by Sri Ajeet Kumar Srivastava on behalf of informant is taken on record.
Heard learned counsel for the petitioners and the learned A.G.A.
Learned counsel for the petitioners has drawn the attention of the Court to the order dated 4.1.2019 passed by a Coordinate Bench of this Court with regard to co-accused Aslam and 2 others in Crl Misc. Writ petition No. 57 of 2019. The submission is that in view of the order passed by the coordinate Bench, the present matter also deserves hearing on law and facts both. Submission is that continuation of the proceedings against the petitioners is likely the result of abuse of court's process.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party Nos.1 and 2 has been accepted by learned AGA.
Issue notice to the opposite party no.3 returnable within four weeks.
Opposite party no.3 may file counter affidavit within three weeks after the service. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate Bench.
Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in Case Crime No.496 of 2018, under Sections 420, 467, 468 and 471 I.P.C., Police Station Kotwali Jalaun, District Jalaun.
It is made clear that this Court has not stayed the investigation of aforesaid case.
Order Date :- 22.1.2019 Nadeem Ahmad