Rakesh & Another vs State Of U.P. & 3 Others
2015 Latest Caselaw 5076 ALL

Citation : 2015 Latest Caselaw 5076 ALL
Judgement Date : 4 December, 2015

Allahabad High Court

Rakesh & Another vs State Of U.P. & 3 Others on 4 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 28239 of 2015
 

 
Petitioner :- Rakesh & Another
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- Awadhesh Kumar Malviya,Babloo Pant
 
Counsel for Respondent :- G.A.,Anand Srivastava
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

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

It is submitted by the learned counsel for the petitioners that the impugned F.I.R has been lodged against the petitioners by the respondent no.4 after an inordinate and unexplained delay alleging that the petitioner and two other persons had stolen the pillars installed by the revenue authorities for demarcating the plot of respondent no.4 from that of the petitioners.

Learned counsel for the petitioners further submitted that an interim order has been passed by this Court in Writ -B No.37824 of 2014 on 6.8.2014 directing the parties to maintain status quo with regard to nature and possession of the property in dispute which happens to be the subject matter of the impugned F.I.R. which has been lodged by respondent no.4 containing absolutely false and concocted allegations with an ulterior motive upon them.

The submissions made by learned counsel for the petitioners, prima facie, appear to be correct. The matter requires consideration.

Learned A.G.A has accepted notice on behalf of opposite party nos.1, 2 and 3. He prays for and is allowed three weeks' time to file counter affidavit.

Issue notice to opposite party no. 4, who may also file counter affidavit within the same period.

Rejoinder affidavit may be filed within a week thereafter.

List this matter in the week commencing 11.1.2016 before the appropriate Court.

Till the next date of listing or till the submission of police report under section 173(2) Cr.P.C, whichever is later, the petitioners shall not be arrested pursuant to impugned FIR dated 10.10.2015 registered as Case Crime no.186 of 2015, under sections 427, 379, 411 I.P.C., Police Station Rohata, District Meerut.

Order Date :- 4.12.2015