GOPAL RAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Notices on behalf of respondents no. 1 and 2 have been accepted by Sri Nandan Arya, learned A.G.A. for the State, who prays for and is granted three weeks "™ time to file counter affidavit.

(2.) Issue notice to respondent no. 3 returnable within three weeks.

(3.) Considering the arguments and having perused the documents, I direct that the petitioners shall not be arrested pursuant to the impugned FIR relating to case crime no. 340 of 1997, under Sections 306, 342, 323, 192, 193, 199, 201 and 120-B IPC read with Section 3(1), 2, 8, 10 & 3(2) SC/ST Act, Police Station Khatima, district Udham Singh Nagar till further orders of this Court. However, it is clarified that the petitioners shall cooperate with the investigation. It is also clarified that if custody of the petitioners is required for the purpose of interrogation/investigation, the Investigating Officer shall be at liberty to seek prior permission from this Court.