Dilshad And Anr. vs State Of U.P. And 2 Others
2015 Latest Caselaw 5632 ALL

Citation : 2015 Latest Caselaw 5632 ALL
Judgement Date : 21 December, 2015

Allahabad High Court

Dilshad And Anr. vs State Of U.P. And 2 Others on 21 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 29841 of 2015
 

 
Petitioner :- Dilshad And Anr.
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Syed Shahnawaz Shah
 
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 petitioners are neither named in the F.I.R. nor in the statement of the prosecutrix recorded under section 161 Cr.P.C., copy whereof has been filed as Annexure No.2 to the writ petition, hence their case is clearly distinguishable from the case of Firoz against whom the prosecutrix has alleged overt acts in her statement.

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 and 2. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 3, 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 13.11.2015 registered as Case Crime no.277 of 2015, under sections 354, 354-A I.P.C. & 7/8, 16/17 POCSO Act & 3(1) 11 SC/ST Act, Police Station Saroorpur, District Meerut.

Order Date :- 21.12.2015