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ABDUL MAJID versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Abdul Majid v. State Of U.P. And Others - WRIT - C No. 71236 of 2005 [2005] RD-AH 5922 (18 November 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

Civil Misc. W.P. No. 71236 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Standing counsel may file a counter affidavit within one month. List thereafter.

The reasons mentioned in the impugned order do not inspire confidence because the FIR was lodged against the petitioner on 20.9.2005. The petitioner's arrest was stayed on 5.10.2005, after which there was no reason or occasion for the petitioner to abscond. The show cause notice is alleged to have been given on 25.10.2005, long after the stay of arrest. According too the petitioner's version, he was never served with that show cause notice.

Further, the show cause notice had given 15 days' time to the petitioner for showing cause. The impugned order dated 31.10.2005 has been passed before the expiry of that period of 15 days.

In the circumstances, till further orders, the operation of the impugned order dated 31.10.2005, annexure-5 to this petition, will remain stayed.

Dated : November 18, 2005

AM/-


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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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