Lilawati And Others vs Station Officer And Another
2011 Latest Caselaw 2335 ALL

Citation : 2011 Latest Caselaw 2335 ALL
Judgement Date : 22 June, 2011

Allahabad High Court

Lilawati And Others vs Station Officer And Another on 22 June, 2011

Bench: Dilip Gupta, Pankaj Mithal




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