Gulab Shankar Singh & Another vs State Of U.P. & 3 Others
2015 Latest Caselaw 5140 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 28746 of 2015
 

 
Petitioner :- Gulab Shankar Singh & Another
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- In Person
 
Counsel for Respondent :- G.A.
 

 
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 who is the real brother of petitioner no.1 containing absolutely false and concocted allegations against the petitioners with ulterior intention of mounting pressure on them. It is further submitted that apart from bald allegations in the F.I.R. there is no evidence on record even prima facie indicating at the complicity of the petitioners in the commission of the alleged offence. 

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 six 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 two weeks thereafter.

List this matter immediately after eight  weeks 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 21.11.2015 registered as Case Crime no.342 of 2015, under sections 380, 120B, 427, 504, 506 I.P.C., Police Station Campier Ganj, District Gorakhpur.

Order Date :- 7.12.2015

RU