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Sheshram v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2943 of 2006 [2006] RD-AH 5950 (10 March 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Imtiyaz Murtaza,J

Hon'ble R.N.Misra,J

The petitioner is    involved in Case Crime  No.  51 of 2006, under Sections  3/7 of Essential Commodities Act, Police Station Kotwali Kapilvastu, District Siddharth Nagar.

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

Perused the allegations of F.I.R. and the material on record.

We do not find any good ground to quash the F.I.R.

In the case of Jogendra Kumar Vs. State of U.P.1994(31) ACC 431,the Apex Court has observed as follows:

"A person is not liable to be arrested merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting arrest that such arrest is necessary and justified."

Prima facie on the allegations made and the averments in the writ petition there does not appear to be any necessity, at least at this stage to  effect the arrest.

Therefore, in the facts and circumstances of this case,we dispose of this writ petition with the following directions:

1.The petitioner will not be arrested in respect of the said crime number during the pendency of the investigation provided he cooperates with the investigation.

2.This  stay of arrest will operate only if certified copy of this order alongwith one self attested copy of the writ petition is served upon the investigating officer within fifteen days from today.

3.The stay of arrest will cease to operate if it is decided to submit a charge sheet after investigation.

4. Because the complainant has not been heard at this stage, therefore, it will be open to the complainant, or the investigating officer who has not been given opportunity to file a counter affidavit or any other party aggrieved to apply in this writ petition for recall/modification of this order, if any misstatement  is found in the material facts stated in the writ petition or other legally valid ground which may be available to the party so applying.

5.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.




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