JUDGEMENT
S.Harkauli, Amar Saran, JJ. -
(1.) We have heard learned Counsel for the petitioner, learned Counsel for the caveator (respondent No. 4) and the learned A.G.A.
(2.) Even in the FIR the role of shooting has been assigned to the husband who was caught on spot and was handed over to the police. The prayer for staying arrest by sister of main accused has also been rejected in Writ Petition No. 4394 of 2004.
(3.) Considering overall facts and circumstances of this case as well as medical condition of the petitioner who is father of husband of the deceased and not being attributed any role in the death of the deceased, it is directed that the petitioner will not he arrested in Case Crime No. 52 of 2004 under section 304-B IPC of P.S. Titro District Saharanpur till further orders unless it is decided to submit a charge sheet against the petitioner also in respect of that offence.;
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