High Court of Judicature at Allahabad
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Prem Chandra Yagik v. State Of U.P. Thru' Secy. (home) U.P. At Lkw.& Ors. - CRIMINAL MISC. WRIT PETITION No. 9682 of 2005  RD-AH 3080 (19 September 2005)
Hon'ble S.S. Kulshreshtha, J.
Hon'ble K. N. Ojha, J.
Heard and also perused the materials on the record.
It is said that on the FIR of the petitioner registered at Case Crime No. 523 of 2004 under sections 49, 420, 467, 468, 471, 379 I.P.C. police station Kotwali Nagar, district Banda, the respondent no. 3 himself was arrested by the police and now this FIR at Case Crime No. C-66 of 2004, under Sections 420, 469, 468, 471, 120B I.P.C. has been lodged at police station Kotwali Nagar, Banda, in counter blast. Whatever cheques have been referred to and the money is said to have been transferred from the account of the respondent no. 3 on the basis of account payee cheque issued by the respondent no. 3.
Having regards the facts and circumstances of the case the arrest of the petitioners for the offences registered at Case Crime No. C-66 of 2004, indicated above shall remain stayed till submission of report with the following conditions:
1. The petitioner 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.
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