HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6269 of 2011 Petitioner :- Komal Yadav And Anr. Respondent :- State Of U.P. And Others Petitioner Counsel :- V.N. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Vineet Saran,J.
Hon'ble Surendra Singh,J.
Heard learned counsel for the petitioners and also learned A.G.A. appearing for the State.
We have been taken through the allegations contained in the F.I.R. and the material on record.
It is submitted that the victim has been recovered and her statement recorded under Section 161 Cr.P.C. has been filed along with writ petition.
Office is directed to issue notice to respondent no. 3 who may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit in the meantime. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this matter after expiry of the aforesaid period.
Considering the statement of the victim and keeping in view the submission made by the counsel for the petitioners, till the next date of listing or till submission of charge sheet under Section 173 Cr.P.C., whichever is earlier, the arrest of the petitioners, namely, Komal Yadav and Shatru Jeet Kushwaha, who are wanted in Case Crime No. 44 of 2011, under Sections 363 and 366 I.P.C., Police Station Patherwa, District Kushinagar, shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
Order Date :- 7.4.2011 MN/-
(Surendra Singh, J.) ( Vineet Saran, J.)