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Dr. Ghanshyam Sadiza v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 14188 of 2006 [2007] RD-AH 8761 (9 May 2007)


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Court No. 36

                    Crl. Misc. Writ Petition no.  14406 of  2006

    Shahid    . .  .  . . .  . .   . . . . . . . .  . Petitioner.


State of U.P. and others   . . .   . . . . . .  . . . . .  Respondents.                                                                                                                                                                                                                                                


Hon'ble Yatindra Singh,J.

Hon'ble R.K. Rastogi,J.

The arrest of the petitioner  was stayed  by an interim order passed in this writ petition. The investigation had not been stayed. It is not known  whether the investigation has been completed  yet or not.

We have  heard   learned  counsel for the petitioner and the learned  A.G.A.  for the respondents.

In the case of 'Mahendra Lal Das Vs. State of Bihar'  2002 SCC (Crl.) 110  it has been held  by the Supreme Court  that while interference by Courts  at investigation stage  is not called for, the investigating agency cannot be given latitude of  protracting the conclusion of the investigation without any limit of time.

Having considered the lapse of time since lodging of the FIR, we dispose of this writ petition with the following orders:

(1). The investigation may be completed within three months of the date on which a certified copy of this order is presented  before the Investigating Officer or any police officer of the district to whom the Investigating Officer is directly subordinate;

(2) The petitioner will not be arrested during  pendency and  for the purpose of investigation, provided a   certified copy of this order is presented before the     police officer as directed  above within one month          from today;

(3) If certified copy is not presented within the time aforesaid,  the stay of arrest will not operate;

(4)    If at the conclusion of the investigation a charge sheet is submitted   instead of final report, it will be open to the Judicial Magistrate, if he decides  to take cognizance, to summon the accused  by summons or warrants in accordance with Section 204 Cr.P.C. after copies have been prepared for compliance with Sections 207/208 Cr.P.C.

(5) If the charge sheet is decided to be submitted  to the Court  of Magistrate, in column no.3 of the prescribed form of charge sheet   it will be mentioned  that the accused have not been arrested on account of stay order granted by this Court.

          (6)     The accused will co-operate  with the investigation and in case of non-cooperation or otherwise if the Investigating  Officer  is of  the opinion that for any other valid reason the arrest of accused is necessary during or for the purpose of investigation it will be open to the Investigating Officer to apply in this writ petition by means of a Misc. application giving details of non-co- operation as also details of what kind of co- operation is expected  from the accused for completing investigation or why  the arrest is otherwise necessary so that interim stay of arrest granted  hereby may be vacated.

This order will not come in the way if charge sheet is already filed .

The writ petition is disposed of with the aforesaid directions.




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