Anand Prakash Yadav And 2 Others vs State Of U.P. And 2 Others
2016 Latest Caselaw 285 ALL

Citation : 2016 Latest Caselaw 285 ALL
Judgement Date : 10 March, 2016

Allahabad High Court

Anand Prakash Yadav And 2 Others vs State Of U.P. And 2 Others on 10 March, 2016

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5562 of 2016
 

 
Petitioner :- Anand Prakash Yadav And 2 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Avanish Kumar Srivastava
 
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 the bonafide purchasers of the property in question for valuable consideration from its recorded owners Girja Shankar and Sabru and no cognizable offence is disclosed against them. Their case is clearly distinguishable from that of other co-accused.

The submission made by learned counsel for the petitioners, prima facie, appears 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 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 5.11.2015 registered as Case Crime no.377 of 2015, under sections 147, 419, 420, 467, 468, 471, 506 I.P.C., Police Station Cholapur, District Varanasi.

Order Date :- 10.3.2016