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Sakatoo v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4404 of 2007 [2007] RD-AH 8447 (4 May 2007)


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Crl. Misc. Writ Petition No. 4404 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The petitioner may place a copy of the counter affidavit of the Investigating Officer Suresh Chand Gangwar, which has been filed today, before the Senior Superintendent of Police, Meerut.

The Senior Superintendent of police, Meerut, will examine, applying his experience, that when (1) the Investigating Officer, has stated that the girl, who had been enticed away was a minor; (2) when the accused who had enticed away the girl had been arrested; and (3) charge sheet had been submitted against that accused, meaning thereby, that the evidence collected by the Investigating Officer was sufficient to show that the offence had been committed by the said accused; yet how far the Investigating Officer is justified in saying that despite 'interrogation', the whereabouts of the minor girl could not be elicited from the arrested accused.

The Senior Superintendent of police, Meerut, will consider whether this Investigating Officer lacks the 'capacity' or the 'will' to interrogate the arrested accused for finding out the whereabouts and recovery of the minor girl and, accordingly he will initiate such action as may be necessary for the recovery of the minor girl, and also against the said Investigating Officer.

The Senior Superintendent of Police, Meerut, will file his personal affidavit within one month responding to this order, provided certified copy of this order is furnished before him by the petitioner along with a copy of the aforesaid counter affidavit within a week from today.

List immediately thereafter.

Dated: May 4, 2007



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