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Manoj Singh & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 595 of 2007  RD-AH 1077 (17 January 2007)
Hon'ble R.C. Deepak, J.
Hon'ble S. C. Nigam, J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.
It is contended by the learned counsel for the petitioners that a mobile and Rs.10,000/- were looted and in this regard the impugned FIR has been registered after one month of the alleged occurrence. He further submits that the petitioners are not figured as accused in the impugned FIR. It is alleged that the victim in the case is Samir and the co-accused Hukum Singh has disclosed the complicity of the petitioners. His contention is that such disclosure has no substance and it does not inspire confidence but pursuant to such disclosure, the police is trying to effect their arrest. They are ready to co-operate with the investigation.
Considering the facts and circumstances of the case, in case the investigation into the case crime no. 195 of 2006 under Section 394 IPC PS Dubaulia, Distt. Basti has not been concluded, the same shall be concluded within a period of three months from the date of presentation of a certified copy of the order and till then the arrest of the petitioners shall not be effected, provided they co-operate with the investigation.
The petition stands disposed of accordingly.
Dt/- 17th January 2007
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