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NAFIS & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Nafis & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12891 of 2005 [2006] RD-AH 14991 (31 August 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 12891 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The arrest of the petitioners was stayed by an interim order dated 20.12.2005 passed in this writ petition in case crime No. 81 of 2004 under section 3/8 of C.S. Act, P.S. Kithor, district Meerut. Despite the lapse of so much time, no counter affidavit has been filed and, therefore, it is not clear whether charge sheet or final report has been filed in this case or investigation is still pending.

If final report has been filed, obviously nothing survives in the petition. If a charge sheet has been filed, there would be no justification for continuing the interim order because after cognizance on the charge sheet, the remedy of the petitioners would be under the various provisions of Cr. P.C., and not under the extra ordinary jurisdiction of this Court.

However, if investigation has not been completed despite lapse of such a long time against the five petitioners, there would not be any justification for allowing arrest of the petitioners during investigation.

In the circumstances, we dispose of this writ petition finally directing that none of the petitioners will be arrested in the aforesaid criminal case, until and unless it is decided to submit a charge sheet against all or any of the petitioners.

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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