ABHILASHA MISHRA SRI MANOJ KUMAR MISHRA Vs. STATE OF U P
LAWS(ALL)-2009-4-357
HIGH COURT OF ALLAHABAD
Decided on April 20,2009

Abhilasha Mishra, Manoj Kumar Mishra Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Raj Mani Chauhan, J. - (1.) HEARD Sri Alok Kapoor, learned Advocate and learned A.G.A. Argument is that the petitioner no. 1 is a Member of Nagar Palika Parishad and petitioner no. 2 is her husband and in fact in respect to the contract work there happened to be some dispute between the petitioner no. 2 and respondent no. 3 on account of which first information report has been lodged. Submission is that report has been lodged after two days without citing any witness although dispute appears to have been at the office hours. No motive for the offence can be said to be there. On these facts, this Court is of the view that petitioners are entitled to get protection till the next date. Notices meant for respondents no. 1 and 2 have been accepted by the learned A.G.A. Issue notice to respondent no. 3. Steps will be taken within ten days. List this case in the third week of May, 2009. Counter affidavit may be filed by the next date. In the meantime it is directed that till the next date of listing or till submission of charge sheet under Section 173 Cr. P.C. whichever is earlier petitioners will not be arrested pursuant to the first information report registered at case crime no. 1055 of 2009, under Sections 186/504, 427 I.P.C., Police Station Ganga Ghat, district Unnao. However, investigation may go on to which petitioners shall co-operate.;


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