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Dinesh Kumar @ Deepu v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13843 of 2007 [2007] RD-AH 15302 (11 September 2007)

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Court No.32

Criminal Misc. Writ Petition No.13843 of 2007

Dinesh Kumar @ Deepu v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

It is alleged that in respect of the incident in question an FIR was registered on 31.7.2006 as case crime no.C-25 of 2006, under Sections 376, 504, 506 & 452 IPC and Section 3 (2) (v) of the SC & ST Act and the police after investigation has already submitted report. It is further alleged that in respect of same incident on the order of the Senior Superintendent of Police the impugned FIR has been lodged as case crime no.590 of 2007, under Sections 376, 506 & 452 IPC, Police Station Kotwali Jalaun, District Jalaun on 14.8.2007, which is not permissible in view of law laid down in the cases of T.T. Antony v. State of Kerala and others, 2001 (43) ACC 345 and Upkar Singh v. Ved Prakash and others, 2005 (51) ACC 673.

Learned AGA appearing for respondent nos.1 to 3 prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Issue notice to respondent no.4 through registered post with AD returnable within six weeks. Steps to be taken within a week.

List the writ petition immediately after six weeks.

Considering the submissions made before us and looking to the fact of the case, in the meanwhile, it is provided that the petitioner shall not be arrested in connection with case crime no.590 of 2007, under Sections 376, 506 & 452 IPC, Police Station Kotwali Jalaun, District Jalaun until submission of report under Section 173 Cr.P.C. or until further order of this Court, whichever is earlier, provided he co-operates in the investigation and appears before the Investigating Officer as and when required. However, the investigation shall continue and the same may be concluded expeditiously, preferably within a period of three months.




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