Kamal Bansal And 3 Others vs State Of U.P. Thru Home Secy. And 2 ...
2015 Latest Caselaw 865 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14416 of 2015
 

 
Petitioner :- Kamal Bansal And 3 Others
 
Respondent :- State Of U.P. Thru Home Secy. And 2 Others
 
Counsel for Petitioner :- Munesh K. Sharma
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Vikram Nath,J.

Hon'ble Amar Singh Chauhan,J.

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

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

Issue notice to respondent no. 3 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.

Petitioner no. 1, Kamal Bansal and petitioner no. 4 Smt. Pratibha Sharma are present before the Court and have been identified by their counsel, Shri  Munesh Kumar Sharma.

Petitioner no. 4 has stated that she is major. In support of her age she has filed  photocopy of the identity Card issued by the Election Commission.  She further stated that she has married with petitioner no. 1 of her own free will without any coercion or undue influence and is living with him happily.

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, Kamal Bansal, Dinesh Chandra Agrawal, Golu and Smt. Pratibha Sharma, who are wanted in Case Crime No. 245 of 2015 under sections 363, 366 I.P.C., P.S. Kotwali Hathras, District  Hathras, shall remain stayed of course subject to the restraint that the petitioners shall fully co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

Order Date :- 9.6.2015

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