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Chhedi Lal Gupta And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9281 of 2005 [2005] RD-AH 2451 (7 September 2005)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble S.S. Kulshreshtha, J.

Hon'ble K. N. Ojha, J.

Heard and also perused the materials on the record.

This petition has been brought for quashing the written report registered at Case Crime No. 215 of 2005, under section 467, 468, 471, 420, 120B I.P.C. and 13(2) Prevention of Corruption Act, police station Dakshin, district Firozabad. It is said that in the identical matter in Criminal Misc. Writ Petition No. 8299 of 2005 this Court has protected the liberty of the persons arrayed in the written report registered at Case crime No. 188 of 2005 under section 467, 468, 471, 420, 120B I.P.C. and 13(2) Prevention of Corruption Act, police station Tundla, district Firozabad.

Having regards the facts and circumstances of the case the arrest of the petitioner for the offences indicated above shall remain stayed till submission of report with the following conditions:

1. The petitioners will not be arrested in respect of the said crime number during the pendency of the investigation provided he cooperates with the investigation.

2. This stay or arrest will operate only if certified copy of this order along with one self-attested copy of the writ petition is served upon the investigating officer within fifteen days from today.

3. The stay of arrest will cease to operate if it is decided to submit a charge sheet after investigation.

4. Because the complainant has not been heard at this stage, therefore, it will be open to the complainant, or the investigating officer who has not been given opportunity to file a counter affidavit or any other party aggrieved to apply in this writ petition for recall/ modification of this order, if any misstatement is found in the material facts stated in the writ petition or other legally valid ground, which may be available to the party so applying.

5. The investigating officer will make all possible efforts to conclude the investigation within three months of the date on which a certified copy of this order is served upon him.

The petition is disposed of accordingly.

Dt/- 7.9.2005

Pcl (9281/05)


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