HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- CRIMINAL MISC. WRIT PETITION No. - 11162 of 2011 Petitioner :- Lilawati And Others Respondent :- Station Officer And Another Petitioner Counsel :- Sadhu Sharan Respondent Counsel :- Govt.Advocate,Rishikant Rai Hon'ble Dilip Gupta,J.
Hon'ble Pankaj Mithal,J.
Learned A.G.A. appears for the State respondents. Issue notice to respondent no.3. Steps within a week. The respondents are allowed three weeks' time to file counter affidavit.
List immediately thereafter.
By this writ petition, the petitioners have prayed for quashing the First Information Report dated 20.5.2011 in Case Crime No. 159 of 2011 under Sections 379, 325, 323, 504 and 506 IPC Police Station Bahariyabad, District Ghazipur.
It is alleged in the first information report that the petitioners removed certain parts of Pumping Set.
Learned counsel for the petitioners has submitted that the the incident is said to have taken place on 5.12.2010 but the First Information Report was lodged on 20.5.2011. It is also submitted that the petitioners had earlier lodged an FIR on 6.12.2010 as a result of which the present FIR was lodged against the petitioners.
Prima facie, we find that the matter requires consideration by the Court.
Until further orders or until submission of the charge sheet, petitioners' arrest in Case Crime No. 159 of 2011 under Sections 379, 323, 325, 504, 506 IPC Police Station Bahariyabad, District Ghazipur shall remained stayed.
Order Date :- 22.6.2011 Gss