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Judgment
Sri Ramji Srivastava, the learned Counsel for the petitioner, is heard on admission.
Admit.
Sri Amit Bhatt, the learned Additional Government Advocate takes notice on behalf of respondents 1 & 2 and prays for and is granted three weeks4 time for filing counter affidavit.
Issue notice to respondent No. 3 - Amit Thapar - on the petitioner4s taking necessary steps within a week.
On due consideration of the submissions of the learned Counsel for the parties; the contents of the First Information Report lodged by respondent No. 3 Amit Thapar; the fact that the date of birth of petitioner4s son Mohit Rawat as recorded in the records of Central Board of Secondary Education is 03.12.1989 and as such, the affidavit filed by the petitioner before the Juvenile Court to the effect that her son Mohit Rawat was aged less than 18 years on the date of filing of the affidavit i.e. 09.07.2007 ex facie appears to be correct; and the fact that the finding recorded by the Juvenile Court that petitioner4s son Moht Rawat was a juvenile being less than 18 years on the date of commission of the offence has not been challenged by any one before any Court so far, it is directed that on the petitioner4s cooperating with the Investigating Agency in the investigation of the case, the Police shall not take any coercive steps for the arrest of petitioner Smt. Hema Rawat for her alleged involvement in Crime No. 405 of 2007 registered at Police Kotwali Sadar, District Dehradun for the alleged commission of the offences punishable Under Sections 193, 467, 468, 471 read with Section 120-B of the Indian Penal Code until further orders.
With the above direction, the stay application stands disposed of.
Post the writ petition for further orders in the week commencing 19.11.2007.