Sh. Suneel Galgotia And Another vs State Of U.P. Thru Secy. And 3 ...
2014 Latest Caselaw 7090 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17169 of 2014
 
Petitioner :- Sh. Suneel Galgotia And Another
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Swetashwa Agarwal,Anil Tiwari,S.K.Dubey,Samit Gopal
 
Counsel for Respondent :- Govt.Advocate,D. Kumar Mishra,Tarun Agrawal
 

 
Hon'ble Arun Tandon,J.

Hon'ble Akhtar Husain Khan,J.

Notice  has been accepted on behalf of respondents no.1,2 and 3 by learned A.G.A. Shri N.K.S. Yadav and Shri M.S. Yadav.

Notice has been accepted on behalf of respondent no.4 by Shri Ravi Kant, Senior Advocate, Shri D. Kr. Mishra and Shri Tarun Agrawal.  

We have heard Shri Gopal Swaroop Chaturvedi, Senior Advocate, Shri Swetashwa Agarwal, Shri Anil Tiwari and Shri Somit Gopal, learned counsel for the petitioners.

All the respondents may file counter affidavit within two weeks.

 After hearing the counsel for the parties  at some length we are of the considered opinion that there is a serious issue as to whether any offence is disclosed merely because clubbing of the balance sheet of the University  with that of Society. It is not  in dispute that society  has established the University  in question. 

We therefore provide that till the next date of listing, the petitioners Sh. Suneel Galgotia and Smt. Shakuntala  shall not be arrested in Case Crime No.862 of 2014, under sections 420, 467, 468, 471, 120-B I.P.C., Police Station Hariparvat, District Agra. However, investigation may go on. The petitioners undertake to cooperate in the investigation.

List on  16.10.2014.

Order Date :- 25.9.2014/RU