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Shiv Kumar Trivedi v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 2316 of 2006 [2006] RD-AH 4509 (24 February 2006)


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Hon'ble Amitava Lala,

Hon'ble Shiv Shanker,J.

Dispute appears to be quasi civil in nature.  As against the question of delay specific explanation has been made by the petitioner under paragraph 59 of the writ petition which is as follows:

"That the cause of action for filing the present writ petition arose on 29.12.2005 when Sri S.P.Gautam, Sub Inspector of Police Station Kotwali, District Hamirpur informed the family members of the petitioner that he has come to arrest the petitioner."

Upon hearing the learned Counsel appearing for the parties, we direct the Investigating Officer of Case Crime No. 82 of 1994, under Sections 417/ 420/ 467/ 471/ 419/218/120B IPC, P.S. Kotwali, District Hamirpur  , to conclude the investigation within a period of three months from the date, on which a certified copy of this order is presented before him.  The petitioner is directed to co-operate with the Investigating Officer in all possible manner.  If the Investigating Officer or informant found himself aggrieved due to falsification, misstatement, fraud, non-cooperation with the Investigating Officer or any other reasons whatsoever relevant for the purpose, he is at liberty to apply for recalling/ variation/ vacating/modification of the order.

However, the petitioner will not be arrested in the above mentioned case crime number till the submission of the charge sheet/final report, if any.

Accordingly, the writ petition stands disposed of.

However, no order is passed as to costs.

Dt./- 24.2.2006


Cr.W.P. 2316/2006


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