Heard learned counsel for the applicants and learned A.G.A. and perused the record.
It is submitted on behalf of the applicants that the arrests of the applicants were stayed during the investigation by a Division Bench of this Court in Criminal Misc. Writ Petition No. 7273 of 2008. It was further submitted that the instant case is an out come of a family dispute. The solitary case against the applicants which is of no injury, was concocted by the police with the ulterior object of implicating the applicants in this case.
Learned A.G.A. prays for and is granted one week time to seek instruction and file counter affidavit.
List immediately thereafter.
Till the next date of listing the arrest of the applicants Shoeb alias Lalla, Jamshed, Firoz and Babu Saheb in case Crime No.540 of 2008, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police station Kotwali, district Basti shall remain stayed.
Order date: 13.1.2010 rkb