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MOHD. SHABBIR KHAN AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Mohd. Shabbir Khan And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 5516 of 2005 [2006] RD-AH 7128 (3 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Shiv Shanker,J.

Inspite of the specific direction given by this court on 17.11.2005 the interim order of the nature will continue till the next date of listing or till the filing of the charge sheet whichever is earlier, no detailed counter affidavit has been filed. Hence we have no other alternative but to go through the writ petition and supplementary affidavit to ascertain the position. From the supplementary affidavit we find that the statement of accounts has been given.  In earlier order dated 26.5.2005 of Division Bench of this Court already observed

"Statement of accounts have also been furnished along with supplementary affidavit.  Thus there is no occasion to make any embezzlement of the account."  

          In view of such circumstance we do not find any reason to keep the matter pending. We direct the Investigating Officer of Case Crime No. 187 of 2005, under Sections 406, 409, 412, 420,467,468 and 471, I.P.C., Police Station Ghosi , District Mau 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 petitioners 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.

No order is passed as to costs.

Dt.3.4.06

PKB

Crl.5516-05


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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