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Amit Rashtogi & Others v. State Of U.P. - CRIMINAL APPEAL No. - 4733 of 2003 [2007] RD-AH 15527 (14 September 2007)

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(COURT NO. 46)



CRIMINAL APPEAL NO. 4733 of 2003

Amit Kumar Rastogi and others Vs. State of U.P.


Hon'ble Amar Saran, J.

In response to this Court's order dated 17.8.2007 to arrest the accused against whom prima facie cases were disclosed in the investigations by the CBCID and the local police, affidavits have been filed by Dr. Anil Misra, Dy. S.P. (Legal Cell), DG (Headquarters), U.P., Lucknow, dated 14.9.2007, stating that in response to the directions of this Court dated 17.8.2007, two circulars dated 24.8.2007 have been issued by the DGP, Lucknow, addressed to the IGs, Bareilly, Bareilly, and Lucknow zones; and Additional Director General, STF, to constitute a team to nab Sriram Maurya and for declaring award therefor, and wide publicity be given about his absconding from justice. Also, a circular has been issued by the ADG (Law and Order), Lucknow, dated 2.9.2007, to the IGs, Lucknow, Bareilly and Allahabad zones, to send detailed status reports regarding the arrest of 44 accused against whom investigations by the civil police was pending. Such letters to the SSPs and SPs were dated 7.9.2007.

The minutes of the High-powerd Committee meting dated 29.8.2007 have also been filed. They are taken on record.

It is hoped that the DG (CBCID), who is the nodal officer appointed by the Government in concurrence with this Court for monitoring both the matters relating to the forged orders, by the CBCID and by the local police, will take firm steps for ensuring compliance of the aforesaid directions for arrest and conclusion of investigations by the CBCID and the local police against the accused who are involved in forging the High Court's orders.

I regret that in response to the directions relating to Sri GS Hajela for the CBI, no compliance report has been filed by the SSP or the CO concerned. However, Sri G.S. Hajela, learned counsel for the CBI, submits that initially 28 cases were handed over to the CBI. Out of these, 13 cases have resulted in convictions, 14 cases are pending trial after submission of the charge-sheets, and only in one case of the year 2005 investigation is pending. This Court hopes that the Court's directions contained in the order dated 17.8.2007 shall be complied with by the next date of listing. It is further hoped that the CBI may also supply the judgments of convictions and other materials to the High-powered Committee for its record and necessary action.

Learned AGA submits that the CO, Civil Lines, Allahabad, has neither submitted any report nor contacted him. This is to be regretted.

I note from the perusal of the minutes of the meeting that the persons at sl. Nos. 10 to 14, Sri S.C. Shukla, inspector, CBI; S.K. Srivastava, Assistrant Registrar, Inspections, High Court, Allahabad; Sri Ravi Shanker Verma, Joint Registrar, Board of Revenue; Sri Tara Singh Patel, SI; Sri R.A. Singh, P.S. Cantt., Allahabad, who are not the constituent members of the High-powered Committee appointed by this Court, attended the last meeting. As it is submitted by the learned AGA that some secrecy has to be maintained regarding the matters to be discussed in the meeting, and as the names of advocates and officials of this Court are cropping up in the matter and there is possibility of interference and mud-slinging etc., it is desirable that these non-members, who do not have any important role in the meeting, should not be allowed to attend the next meetings. In this view, it is directed that persons only at sl. Nos. 1 to 10 and any other authorities, who were initially permitted to attend the meeting, shall attend the next Committee meetings.

Sri D.K. Singh, Joint Registrar (Inspections), High Court, Allahabad, submits that so far as the directions with respect to sl. no. 56(11) was concerned, the FIR has been prepared by him but it is pending with the Registrar General of the Court. As this is a very serious matter, this Court hopes that by the next date of listing, action will have been taken in this regard. I think that one month's further time may be allowed for effecting the arrest, as aforesaid and for receiving the compliance report from the concerned officers.

List it on 26.10.2007.

A copy of this order may be given to the learned AGA and others within 72 hours.

Dated: 14.9.2007



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