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Khalid v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 2818 of 2007 [2007] RD-AH 15472 (13 September 2007)

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Crl. Misc. Writ Petition No. 2818 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Sudhir Agarwal, J.

Counter affidavit has been served today and filed today by the A.G.A.

It has been stated in the counter affidavit that final report has been submitted in this case against the petitioner.

The petitioner is a complainant alleging a fabricated police encounter and seeking investigation by C.B.I.

Submission of final report means investigation is complete. Thus, there is nothing left to be transferred to C.B.I.

Moreover, after submission of the final report, it is open to the petitioner to file a protest petition before the Magistrate.

It would create an anomalous situation if on the one hand we refer the investigation to the C.B.I. and on the other hand the Magistrate accepts the final report.

Therefore, if the final report is not accepted by the Magistrate upon objection or protest petition of the petitioner and the Magistrate orders further investigation or reinvestigation, in that event, it may be open to the petitioner to file another petition seeking the relief which he is claiming in this writ petition.

At present, this writ petition does not survive and is accordingly dismissed.

Dated: September 13, 2007



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