Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1511 of 2019 Petitioner :- Sahukat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Faisal Khan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Contention of learned counsel for the petitioner is that according to the allegation in the FIR, to show that the victim Rukaiya was a minor, the informant of Case Crime No. 598 of 2018, in collusion with the Manager of an Institution, got a fabricated transfer certificate of the victim prepared.
It has been submitted that the petitioner is only relative of the victim and not father of the victim and has no concern with the Institution, whose manager is stated to be Riyasat Ali.
The matter requires consideration.
Learned AGA has accepted notice on behalf of the respondent nos. 1 and 2.
Let notice be issued to the respondent no. 3 fixing 28.3.2019.
By the next date, the respondents shall file their respective counter affidavits.
List this case on 28.3.2019.
Till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the arrest of the petitioner in Case Crime No. 1036 of 2018, under Sections 420, 467,468,471 IPC, P.S. Nai Mandi, District Muzaffar Nagar, shall remain stayed, subject to cooperation of the petitioner in the investigation.
It is made clear that this Court has not stayed the investigation of the aforesaid case.
Order Date :- 22.1.2019 RavindraKSingh