Court No. - 35 Case :- WRIT - C No. - 9944 of 2010 Petitioner :- Dr. Archana Sharma & Anr. Respondent :- State Of U.P. Thru. P.S. Homes Dept. & Ors. Petitioner Counsel :- Meraj Ahmad Khan Respondent Counsel :- C.S.C. Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Re: C,M.Recall Application No. 219252 of 2010.
At the outset Shri Vijit, learned counsel holding brief of Shri Irfan Hasan who
has filed this application on behaolf of petitioner No. 1 has stated that he may
be permitted to withdraw this application.
The application is accordingly dismissed as withdrawn.
Order Date :- 4.8.2010
AKSI
Hon’ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
Re: C,M.Modification Application No. 162432 of 2010.
By means of this modification application, the respondent No. 4 is seeking
clarification of the order dated 24.02.2010 passed by this Court, whereby writ
petition has been disposed of. The learned counsel for the petitioners states
that prior to the passing of the order dated 24.02.2010, First Information
Report had been lodged on 21.02.2010, and thus, the police authorities should
be directed to investigate the same.
In the last but one paragraph of the order dated 24.02.2010, it has already
been clarified that in case if any First Information Report had been lodged
then it would be open to the police authorities to proceed in accordance with
law.
The relevant portion of the order dated 24.02.2010 is quoted below:-
“In view of the facts of the present case, we are of the view that in the event
no first information report has been lodged against the petitioners, no coercive
action shall be taken against them by the police authorities. It is made clear
that in the event any first information report is lodged, it will be open for the
police authorities to proceed in accordance with law.
The writ petition is disposed of with the above observations.”
In view of the aforesaid, since the said position has already been clarified in
order dated 24.02.2010, the said order does not require any modification.
The application is thus dismissed.
Order Date :- 4.8.2010
AKSI