CHANDRA PAL versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chandra Pal v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9977 of 2005 [2005] RD-AH 3482 (24 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.

It is said that with regard to incident dated 23.3.99 a complaint case has already been filed which is pending in the court of Judicial Magistrate, Mainpuri wherein the petitioners have already been summoned on the identical facts and circumstances and for the same incident this report was registered as Case Crime No. 31/05, under section 498A/323 IPC, P.S. Rizor, district Etah.

In the given circumstances the arrest of the petitioners for the offence indicated above shall remain stayed till submission of the 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 they cooperate with the investigation.

2.This stay of arrest will operate only if certified copy of this order alongwith 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 mis-statement 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.

Ssm/24.9.05

9977/05

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