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SULTAN ALI versus STATE OF U.P. THRU' SECY. HOME GOVT. OF U.P. LKW. & ORS.

High Court of Judicature at Allahabad

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Sultan Ali v. State Of U.P. Thru' Secy. Home Govt. Of U.P. Lkw. & Ors. - CRIMINAL MISC. WRIT PETITION No. 10079 of 2004 [2006] RD-AH 14604 (28 August 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 10079 of 2004

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

Heard learned counsel for the petitioner and the learned A.G.A.

The arrest of the petitioner was stayed in case crime No. 512 of 2004 under section 3/7 of the E.C. Act, P.S. Amaria, district Pilibhit, by an interim order dated 10.12.2004 more than 1½ years ago. Counter affidavit has been filed but it is not stated therein that the charge sheet has been filed or not. Since the respondents have not been able to file charge sheet or the final report during the past 1½ years, there appears to be a little justification on their part to arrest the petitioner now for the purposes of investigation.

We, therefore, dispose of this writ petition finally with a direction that the petitioner will not be arrested in the aforesaid case crime No. 512 of 2004, until and unless it is decided to submit a charge sheet.

Dated: 28.8.2006

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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