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CHINTAMANI SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Chintamani Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 9969 of 2007 [2007] RD-AH 15800 (20 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Crl. Misc. Writ Petition No. 9969 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Sudhir Agarwal, J.

An interim order was granted in this case without noticing that the first information report was lodged at Gonda and obviously the investigation has to be done at Gonda, which is within territorial jurisdiction of Lucknow Bench. May be the trial will take place at Gorakhpur, where the Special Judge, Anti-Corruption, is located but the stage of trial has not yet come. It may come or may not come depending upon whether the charge sheet is filed or final report is filed.

At present we can not go by where the trial will be held. For considering the territorial jurisdiction for quashing the first information report or staying the arrest, this Court must confine itself to the place of lodging of the F.I.R. or the place of investigation.

In the circumstances, learned counsel for the petitioner has prayed that this writ petition may be dismissed as withdrawn with liberty to file a fresh petition at the Lucknow Bench.

The writ petition is dismissed with liberty.

Interim order dated 20.7.2007 is vacated.

Dated: September 20, 2007

AM/-


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