Rubi And Another vs State Of U.P. Thru Home Secy. And 2 ...
2015 Latest Caselaw 869 ALL

Citation : 2015 Latest Caselaw 869 ALL
Judgement Date : 10 June, 2015

Allahabad High Court

Rubi And Another vs State Of U.P. Thru Home Secy. And 2 ... on 10 June, 2015

Bench: Vikram Nath, Amar Singh Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14626 of 2015
 

 
Petitioner :- Rubi And Another
 
Respondent :- State Of U.P. Thru Home Secy. And 2 Others
 
Counsel for Petitioner :- Anand Srivastava,S.S. Sazaly
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Vikram Nath,J.

Hon'ble Amar Singh Chauhan,J.

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

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

It has been stated by the learned counsel for the petitioners that Mansoor, the husband of petitioner no. 1, has already been arrested.

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.

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 petitioner no. 1 namely, Rubi , who is wanted in Case Crime No. 1870 of 2014 under sections 419, 420, 467, 468, 471, 504 and 506 IPC Police Station Kotwali, District Ghazipur shall remain stayed of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

Insofar as the petitioner no. 2 is concerned a prima cognizable case is made out against him which requires no interference and to that extent the writ petition is dismissed.

However, it is provided that if the petitioner no. 2 appears before the court concerned within three weeks from today and applies for bail in the aforesaid case, his prayer for bail shall be heard and disposed of expeditiously in accordance with the observations made by this Court in the case of Amrawati and another vs. State of U.P., 2004 ( 57) ALR 290 and reiterated by the Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P., 2009 (4) SCC 437 after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.

Order Date :- 10.6.2015

SKS