High Court of Judicature at Allahabad
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Tahir Hussain And Another v. State Of U.P. And Another - CRIMINAL MISC. WRIT PETITION No. 9690 of 2005  RD-AH 3112 (19 September 2005)
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. 230 of 2005, under sections 420, 467, 468, 471, 120-B I.P.C. and section 3 of the Prevention of Damage to Public Property Act, police station Kotwali, district Kanpur Nagar. It is said that the dispute has unnecessarily been raised for specifying the land in question to be waqf property. The petitioner has set up his independent title. It is all a matter to be adjudicated by the Civil Court of competent jurisdiction.
Having regards the facts and circumstances of the case the arrest of the petitioners for the offences 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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