The Lucknow Bench of the Allahabad High Court has stayed the arrest of two persons, who were accused of using fake letterheads of a then State Minister for transfer.
The Division Bench of Justice Devendra Kumar Upadhyaya and Justice Narendra Kumar Johari passed this order, while hearing a petition filed by accused Abhishek Verma and Manoj Kumar Singh Kushwaha.
The petitioners have challenged the FIR lodged on 27.8.2021 under Sections 419, 420, 467, 468, and 471 IPC at Police Station Kotwali Dehat, District Bahraich.
It has been argued by the counsel for the petitioners that in the matter of co-accused, Anubhava Kumar Gupta, the Court by means of an order dated 30.9.2021 has already provided interim protection.
Having due regard to the overall facts and circumstances of the case and also taking into consideration the aforesaid order dated 30.9.2021 passed by the coordinate Bench of the Court, the Court hereby directed that till the next date of listing, arrest of the petitioners in connection with impugned first information report shall remain stayed.
The Court further directed that petitioners shall cooperate with the investigation.
“The respondents may file their counter affidavits within four weeks. Two weeks’ time thereafter shall be available to the counsel for the petitioners to file a rejoinder affidavit. List after the expiry of the aforesaid period, “, the Court ordered.