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Matter pending investigation for 12 years — Police directed not to arrest accused till completion thereof

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. – 1

Case :- CRIMINAL MISC. WRIT PETITION No. – 29202 of 2018

Petitioner :- Bharti Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kamal Narayan Yadav
Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.
Hon’ble Dinesh Kumar Singh-I,J.
Heard Sri K.N. Yadav,

learned counsel for the petitioner, Sri Ajit Rey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

This petition has been filed with the prayer to quash the F.I.R. dated 6.5.2006, registered as Case Crime No. 66 of 2006, u/s 409, 419, 420, 467, 468, 471, 477A, 201, 218 and 120-B/34 IPC and 13 (2) Prevention of Corruption Act, P.S. Dokati, district Ballia.

Learned counsel for the petitioners submits that similar petition has been filed by accused before this Court which is being numbered as Criminal Misc. Writ Petition No. 19624 of 2018 in which interim order has been passed by this Court in his favour on 24.7.2018 copy of which is annexed at page-36 of the present petition, hence the petitioner is also entitled for the same. From the perusal of the FIR, no offence is made out against the petitioners. He further submits that investigation of the case has not been concluded till date.

Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the petitioner, we direct the Investigating Officer of the present case to conclude the investigation and submit the police report before the court concerned expeditiously preferably within the period of three weeks from the date of production of a certified copy of this order.

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It is further directed that the petitioner shall not be arrested in above mentioned case, till submission of the police report under section 173(2) Cr.P.C.

It is very disturbing that the matter pertains to the year 2006 and the investigation of the case has been kept pending for the last 12 year.

The Principal Secretary (Home) U.P. Lucknow is directed to ensure that the investigation of the present case as well as similar other cases for the similar offences shall be concluded within three weeks from the date of production of a certified copy of this order, if already not concluded. He shall also call an explanation from the official concerned explaining as to why investigation has not been concluded in the present case as well as in similar other matters in which the arrest of accused was stayed by this Court and file his personal affidavit to this effect to the Registrar General of this Court by the next date fixed to be placed before us.
With the aforesaid directions, the present petition stands disposed of.

The Registrar General of this Court is directed to send a copy of this order to the Principal Secretary (Home) U.P. Lucknow for its compliance.

Office is directed to issue a certified copy of this order to the learned A.G.A. free of cost for its compliance.

List on 6.11.2018 for submission of compliance report.

(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 11.10.2018

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