Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10739 of 2019 Petitioner :- Rakesh Kumar Nigam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Pursuant to our order dated 14.05.2019, an affidavit of compliance has been filed disclosing that a charge-sheet No. 1 of 2017 was submitted on 19.05.2017 against five accused. Thereafter, second charge-sheet No. 1-A of 2017 was submitted on 23.01.2019 and, thereafter, third charge-sheet No. 1-B of 2017 was submitted on 27.02.2019, against another set of accused.
In paragraph No. 11, it is stated that during the course of investigation cogent, credible, ample and documentary evidences have been collected against the petitioner. However, it is not disclosed as to what is the nature of the evidence and what is the role attributed to the petitioner in crime.
In view of the above, we deem it appropriate to direct the Investigating Officer to file a brief affidavit disclosing the nature of the evidence collected against the petitioner and the role attributed to the petitioner in the evidence so collected.
Put up on 10.07.2019, to enable the Investigating Officer to file an affidavit as above.
Till the next date of listing or till submission of police report under Section 173 (2) Cr.PC, whichever is earlier, no coercive action shall be taken against the petitioner in Case Crime No. 538 of 2014 under Section 409, 420, 467, 468, 471, 477A, 218/120B IPC Police Station- Kotwali District- Kanpur Nagar.
Order Date :- 30.5.2019 Sweety