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KANJA AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Kanja And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9715 of 2005 [2005] RD-AH 3159 (20 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.  163 of 2005, under sections 498A, 304B, 201 I.P.C. and 3 / 4 Dowry Prohibition Act, police station Barhan, district Agra. police station Surajpur, district Gautam Budh Nagar.

It is said that the petitioner is not named in the FIR. He has also not a family member of the husband of the victim and has nothing to do with the family quarrel and how the victim woman died. In the statement of the informant it has come that the petitioner also attended the last rites of the victim by taking the dead body in his Tractor. In the given

circumstances the arrest of the co-accused has already been stayed by this Court in Criminal Misc. Writ Petition No. 9195 of 2005.

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 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/- 20.9.2005

Pcl (9715/05)


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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