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Jaggu @ Umesh Shukla v. State Of U.P. & Others - APPLICATION U/s 482 No. 16990 of 2005  RD-AH 6799 (2 December 2005)
Hon'ble M. K. Mittal, J.
Heard Sri Salil Srivastava, learned counsel for the accused applicant, learned A.G.A. and perused the record.
Application under Section 482 Cr.P.C. has been filed to stay the arrest of the applicant in Case Crime No. 296 of 2005 under Section 3/7 E. C. Act, P.S. Panki, District Kanpur Nagar by staying the investigation being made by Investigating Officer of P.S. Panki, District Kanpur Nagar and further to direct him to hand over the entire case diary to opposite party no. 2 S.S.P., Kanpur in view of the order dated 10.11.2005 passed by D.I.G. Police on the basis of the order dated 21.10.2005 given by the Secretary, U.P. Government, Lucknow, Annexure No-2 for further investigation to be made by Kanpur Dehat Police.
The contention of the learned counsel for the accused applicant is that a false report was lodged against the applicant by Indramani Regional Food Officer and on that basis case was registered at Crime No. 296 of 2005 at P.S. Panki, The investigation was not being done fairly and therefore the State Government directed for transfer of the investigation and in compliance thereof the D.I.G. Police passed an order on 10.11.2005 for transfer of the investigation from Kanpur Nagar to Kanpur Dehat.
Learned counsel for the accused applicant has contended that opposite party no. 3 who is Investigating Officer of P.S. Panki is adamant in arresting the applicant and is not handing over the papers to S.S.P., Kanpur Nagar. He has also contended that under Section 173(3) of Cr.P.C. this Court can direct Investigating Officer to hand over the papers and also to stay the arrest of the applicant.
It is relevant to mention here that applicant had filed Criminal Misc. Writ Petition No. 10299 of 2005 with the prayer to stay the arrest of the applicant in this crime no. The writ petition was dismissed vide order dated 5.10.2005. Now applicant has again come to this Court with the prayer to stay the arrest on the pretext that opposite party no. 3 is not handing over investigation papers inspite of the orders passed by D.I.G., Police Kanpur. The affidavit as filed by the applicant does not show that applicant moved any application before the S.S.P. or D.I.G, requesting them to take any action against opposite party no. 3. He has also not mentioned that the S.S.P., Kanpur or the D.I.G. Kanpur are unable to take any action in the mater.
If the applicant moves any application before either of these two officers against the opposite party no. 3, he shall make an enquiry and if it is found the relevant papers pertaining to the investigation is the above noted case Crime were not returned by deliberately, necessary action shall be taken against the defaulting official.
In the circumstances, the applicnt cannot be given any relief under Section 482 Cr.P.C. regarding stay of his arrest when the matter is still being investigated. The applicant should approach the D.I.G. for taking necessary action against the defaulter Investigating Officer, if he has not complied with his order. Present application is misconceived and is liable to be dismissed and is hereby dismissed.
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