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Dr. Surya Prakash Tripathi & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 14088 of 2007 [2007] RD-AH 15459 (13 September 2007)

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Court No.32

Criminal Misc. Writ Petition No.14088 of 2007

Dr. Surya Prakash Tripathi & others v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

Counter affidavit on behalf of the complainant (respondent no.4) filed today is taken on record.

Heard learned counsel for the petitioners and Shri Rakesh Chandra Upadhyay, learned counsel appearing for the complainant (respondent no.4).

It is alleged that initially NCR No.103 of 2004, under Sections 323, 504 & 506 IPC was registered on 30.6.2004; later, after the lapse of more than three years Section 326 Cr.P.C. was added and the N.C.R. was converted in case crime no.199 of 2007, under Sections 326, 504 & 506 IPC. It is further submitted that the police having made investigation submitted final report but the same has not been sent to the court because of influence of the complainant and subsequently other investigation was made whereunder Section 323 IPC was converted into Section 326 IPC. It is also submitted that petitioner nos.1 & 2 are the doctors and petitioner no.1 is of 63 years of age. He is diabetic and his both kidneys had failed and thereafter one kidney was donated by his daughter in law and was transplanted in the year 2003 in Apollo Hospital, New Delhi and since then he is regularly under treatment. However, the impugned FIR has mala fidely been lodged involving the petitioners.

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.

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 petitioners shall not be arrested in connection with case crime no.199 of 2007, under Sections 326, 504 & 506 IPC, Police Station Bakewar, District Etawah until submission of report under Section 173 Cr.P.C. or until further order of this Court, whichever is earlier, provided they co-operate in the investigation and appear 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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