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JITENDRA KUMAR TYAGI versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Jitendra Kumar Tyagi v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 13042 of 2005 [2006] RD-AH 14958 (31 August 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 13042 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The arrest of the petitioner was stayed by an interim order dated 22.12.2005 passed in this writ petition in respect of case crime No. 10 of 2005 under sections 420/406/120 B I.P.C., P.S. Indirapuram, district Ghaziabad. Counter affidavit has been filed by the A.G.A., and also by the respondent No. 3. The First Information Report is dated 8.1.2005, which means more than 1½ years have passed since lodging of the First Information Report. If the respondents have not been able to complete the investigation despite lapse of such a long time, there will be a little justification to permit them to arrest the petitioner during the pendency of the investigation. The allegation in the First Information Report also do not appear to require any arrest for the purposes of investigation.

In the circumstances, we dispose of this writ petition finally directing that the petitioner will not be arrested in the aforesaid criminal case, until and unless it is decided to submit a charge sheet.

Dated: 31.8.2006

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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