Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 6211 of 2010 Petitioner :- Javed And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- I.M. Khan Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
It would appear from the record that the arrest of the petitioners
was stayed by an interim order passed in this writ petition. The
investigation had not been stayed. It is not known whether the
investigation has been completed yet or not.
We have heard learned counsel for the petitioners and the learned
A.G.A.
In the case of Mahendra Lal Das v State of Bihar 2002 SCC (Crl)
110 it has been held by the Supreme Court that while interference
by Courts at investigation stage is not called for, the investigating
agency cannot be given latitude of protracting the conclusion of
the investigation without any limit of time.
No useful purpose would be served in keeping this petition
pending any longer. Accordingly, we dispose of this writ petition
with the following directions:
(1) The investigation will be completed within three months of the
date on which a certified copy of this order is presented before the
Investigating Officer or any police officer of the district to whom
the investigating officer is directly subordinate;
(2) The petitioners will not be arrested during pendency and for the
purpose of investigation, provided a certified copy of this order is
presented before the police officer as directed above within one
month from today;
(3) If certified copy is not presented within the time aforesaid the
stay of arrest will not operate;
(4) If at the conclusion of the investigation a charge sheet is
submitted instead of final report, it will be open to the judicial
magistrate, if he decides to take cognizance, to summon the
accused by summons or warrants in accordance with Section 204
Cr.P.C. after copies have been prepared for compliance with
Section 207/208 Cr.P.C.
(5) If for any unavoidable reason, the investigation cannot be
completed within the aforesaid time of three months, it will be
open to the investigating officer to apply in this writ petition by
means of a miscellaneous application for enlargement of said time
of three months by giving details of the investigation conducted
during the aforesaid period of three months and also giving
reasons why the investigation could not be completed within the
time specified above;
(6) If the charge sheet is decided to be submitted to the Court of
magistrate, in column no. 3 of the prescribed form of charge sheet
it will be mentioned that the accused have not been arrested on
account of stay order granted by this Court;
(7) The accused will cooperate with the investigation and in case
of non-cooperation or otherwise if the Investigating Officer is of
the opinion that for any other valid reason the arrest of accused is
necessary during or for the purpose of investigation, it will be open
to the Investigating Officer to apply in this writ petition by means
of a Misc. application giving details of non-cooperation as also
details of what kind of cooperation is expected by the accused for
completing investigation or why the arrest is otherwise necessary
so that interim stay of arrest granted hereby may be vacated.
The writ petition is disposed of with the aforesaid directions.
Order Date :- 2.8.2010
Asha