High Court of Judicature at Allahabad
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Rozina Khatoon And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 10713 of 2005  RD-AH 6920 (5 December 2005)
Hon'ble Amitava Lala, J.
Hon'ble Shiv Shanker, J.
Notice has already been issued upon the respondent no. 4, but she is not present before the Court. No counter affidavit has been filed in this case. Charge-sheet has been filed against the co-accused but not against the petitioners. Moreover, girl, the petitioner no. 1, has filed affidavit on behalf of herself as well as the boy-Balisher, the petitioner no. 2. Nikahnama i.e. marriage certificate has been annexed in respect of the age proof. Boy and girl both are present in the Court and have been identified by the learned Counsel. At this stage, the Court can not pass any order other than to stay the arrest of the petitioners in Case Crime No. 324 of 2004, under Sections 363 and 366 I.P.C., Police Station Quarsi, District Aligarh, till the filing of the charge-sheet on the following conditions;
1.This stay of 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.
2.The petitioner will not be arrested in respect of the said crime number during the pendency of the investigation, provided he/she cooperate with the investigation.
3.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.
4.The stay of arrest will cease to operate, if it is decided to submit a charge sheet after investigation.
5.If the investigating officer and/or informant found himself aggrieved due to falsification, misstatement, fraud, non-cooperation with the investigating officer or any other reasons whatsoever relevant for the purpose, he/she/they is/are at liberty to apply for recalling/ variation/ vacating/ modification of the order.
The writ petition is, thus, disposed of. Interim order, if any, is modified with the final order.
However, no order is passed as to cost.
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