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Dinesh Kumar vs State of U.P.& Ors.

Allahabad High Court · Decided on 12 May 2000 · Citation: (2000) 05 AHC CK 0072

HON’BLE JUDGES
Virendra Saran, J and Naseemuddin, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 2093 (M/B) of 2000
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Judgment

4 paragraphs · 162 words
1.

Heard learned counsel for the petitioner and learned Government Advocate.

2.

Considering the facts and circumstances of the case we are of the view that it is not a case where we may quash the F.I.R. as facts are yet to be ascertained by means of investigation which is going on. However, we are of the view that the arrest of the petitioner may remain stayed till the investigation goes on.

3.

Accordingly this writ petition is finally disposed of with the direction that the arrest of the petitioner in case Crime No. 87 of 2000 under Section 3/7 Essential Commodities Act, Police Station Sandana, Sitapur shall remain stayed till filing of the charge sheet, if any, in Court. However, the petitioner shall cooperate with the investigation and shall make himself available for interrogation, if so required.

4.

Let a copy of this order be supplied to the learned counsel for the petitioner if possible, today on payment of usual charges.