Sandeep @ Sandeep Kumar Yadav & 2 ... vs State Of U.P. Thru. Prin.Secy., ...
2018 Latest Caselaw 189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 11494 of 2018
 

 
Petitioner :- Sandeep @ Sandeep Kumar Yadav & 2 Others
 
Respondent :- State Of U.P. Thru. Prin.Secy., Home Deptt. & 4 Others
 
Counsel for Petitioner :- Diwakar Pratap Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Rajnish Kumar,J.

Notice on behalf of respondent Nos. 1, 2 and 3 has been accepted by the office of learned Government Advocate.

Issue notice to the respondent Nos. 4 & 5, returnable at an early date.

Steps to be taken within a week.

Respondents to file their counter affidavit within four weeks. Two weeks' time thereafter shall be available to the learned counsel for the petitioners to file rejoinder affidavit.

List this case after expiry of the aforesaid period.

Having regard to the overall facts and circumstances of the case as also taken into account the statement made by the victim under Section 164 of Code of Criminal Procedure, which has been annexed as Annexure No.6, we hereby provide that till the next date of listing, the petitioners shall not be arrested in connection with First Information Report dated 20.09.2017, lodged at Case Crime No. 0273 of 2017, under Sections 363, 366 I.P.C., Police Station Aaspur Devsara, District Pratapgarh. The petitioners shall, however, cooperate with the investigation.

The Investigating Officer, if possible, shall get the victim medically examined for ascertaining her age. The Investigating Officer while filing counter affidavit shall furnish the aforesaid information as well.

Order Date :- 24.4.2018

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