WAHEED Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned A.G.A. Supplementary affidavit filed is taken on record. Argument is that petitioner was not arrested on the spot and the only evidence as on today is confessional statement of the co-accused. It is further submitted that no body has received any injury in the said incident. Notices meant for respondents no. 1 and 2 have been accepted by the learned A.G.A. List this case in the week commencing 6th July, 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 petitioner will not be arrested pursuant to the first information report registered at case crime no. 134 of 2009, under Sections 307, 504, 506 I.P.C. and Section 7 Criminal Law (Amendment) Act, Police Station Huzoor Pur, district Bahraich. However, investigation may go on to which petitioner shall co-operate.