Heard the learned counsel for the applicant and learned A.G.A. who has put in appearance on behalf of opposite party no.1, State of U.P.
Let notice be issued to opposite party no.2 returnable at an early date.
Steps may be taken within seven days by registered post failing which the interim order which is being passed hereinbelow shall come to an end automatically.
List immediately after service.
Learned counsel for the applicant points out that firstly within a span of one year almost similar kind of offence has been reported in the first two F.I.R.s and the charge-sheets have also been filed and the petitioner has obtained bail. But infact this has not been averred in any of the paragraphs of the petition. The learned counsel, Sri Manoj Kumar Mishra, however, says that according to the instructions received by him the petitioner has obtained bail. He points out that the same Investigating Officer has conducted inquiry in all the three cases. The main point of conflict appears to be in respect of alleged possession of hotel Nattha, Chargbagh. It is said that the Investigating Officer is biased and at the time of inquiry of second F.I.R. while the applicant was in jail, the Investigating Officer has wrongly showed to have recorded the statement of the accused at his residence. A complaint was made in this regard and after inquiry by Additional Superintendent of Police (East) it was found to be correct (Annexure-6).
Then in respect of the present F.I.R. the same Investigating Officer showed to have recorded the statements of two constables saying that they were in the security duty of the applicant. Again a complaint was made and in the inquiry held by the Additional Superintendent of Police (Protocol) (Annexure-11) it was found that the police personnels were not deputed in the security of the complaint whose statements are claimed to have been recorded by the same Investigating Officer.
It appears to be an arguable case.
In view of the above, it is provided that till the pendency of this petition the operation of the criminal proceedings arising out of Case Crime No.288 of 2006, under Sections 147, 148, 149, 323, 336, 427, 448, 504, 506 I.P.C., Police Station Naka, District Lucknow and the order dated 23.04.2008 so far it relates to the petitioner shall remain stayed.
Order Date :- 18.1.2010 PAL/