Hon'ble Yogendra Kumar Sangal,J.
Heard the learned counsel for the petitioners and learned A.G.A. who has put in appearance on behalf of the State, opposite parties nos.1, 2 and 3.
Let notice be issued to opposite party no. 4 returnable at an early date, who may file counter affidavit, if any.
Steps may be taken within seven days by registered post Ad failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List in the month of February, 2010.
Learned A.G.A. may also file counter affidavit, if any, in the meantime.
Learned counsel for the petitioners points out that earlier three co-accused Zainuddeen, Fraheem and Shakeel Ahmad having similar allegations against them, have been given an interim relief to the effect that they will not be arrested till the next date of listing (Annexure-5) and there is no good reason to deprive the petitioners from getting the same relief.
Learned A.G.A. has nothing to say substantial against it.
In view of the above and having regard to the fact that it is provided that till the next date of listing or till filing of the police report whichever is earlier the petitioners (Smt. Sagirunnisha and Naseer Ahmad) shall not be arrested in Case Crime No.279 of 2009, under Sections 419, 420, 467, 468, 471, 472 I.P.C., Police Station Kandhai, District Pratapgarh subject to their full cooperation in the investigation which shall go on.
Order Date :- 29.1.2010 PAL/