Amar Singh & Another vs State Of U.P. & 4 Others
2013 Latest Caselaw 5948 ALL

Citation : 2013 Latest Caselaw 5948 ALL
Judgement Date : 20 September, 2013

Allahabad High Court

Amar Singh & Another vs State Of U.P. & 4 Others on 20 September, 2013

Bench: Surendra Singh, Rakesh Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18351 of 2013
 

 
Petitioner :- Amar Singh & Another
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Krishna Kant Dwivedi
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Surendra Singh,J.

Hon'ble Rakesh Srivastava,J.

Heard learned counsel for the petitioners and also learned A.G.A. appearing for the State.

It is argued by the learned counsel for the petitioners that the petitioners are the parents of respondent no.5.

It is further argued that earlier to this incident the father of respondent no.4, Awadh Kumar Tiwari instituted an F.I.R. at Case Crime No.566 of 2005 under sections 363 and 366 I.P.C. against respondent no.5, Vimal Nahar.

Being aggrieved respondent no.5 Vimal Nahar and respondent no.4 Arati Devi preferred Criminal Misc. Writ Petition No.4839 of 2006 before this Court and have appeared before this Court and their arrest was stayed. After so many years, the respondent no.4 had instituted the present F.I.R. on 2.9.2013 against the petitioners and Vimal Nahar, respondent no.5 under the aforesaid sections. More so there is no allegation against the petitioners in the F.I.R. The petitioners are wholly innocent and have been falsely implicated in the present crime.

We have been taken through the allegations contained in the F.I.R. and the material on record.

Issue notice to respondents no. 4 and 5 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.

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, Amar Singh and Gyan Devi, who are wanted in Case Crime No.529 of 2013. under Sections 494, 323, 504, 506, 376, 418 and 422 I.P.C. Police Station Nawabad, District Jhansi, 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 :- 20.9.2013