It is an interim order in a criminal writ petition against petitioner Aadil Nafees. Court rejected interim prayer and disposed of the petition without proceeding further, citing pending investigation.
Rejected interim prayer; Writ Petition disposed. No further proceedings on merits.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6065 of 2021
Petitioner :- Aadil Nafees Respondent :- State of U.P. Counsel for Petitioner :- Dileep Kumar Pandey
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
The matter is taken up on 07.09.2021. The Court has proceeded to pass following order:-
"On the instructions received by learned A.G.A., it is submitted that the charge-sheet against the co-accused Nafees Ahmad has been filed before the competent court. As regards, the petitioner herein, the investigation is under progress.
Learned A.G.A. prays for and is granted ten days' time to file counter affidavit. One week, thereafter, is granted to file rejoinder.
Put up this matter in the additional cause list on 29.09.2021.
As regards, the interim prayer made by the petitioner, we do not find any merit in the same, inasmuch as, any interference at this stage may impede the process of speedy investigation.
The interim prayer is, accordingly, rejected."
Learned A.G.A., on instructions, submits that charge-sheet against co-accused Nafees Ahmad has been filed before the competent court and so far as present petitioner is concerned his complicity has not been found in the incident in question.
In the facts and circumstances of the case, we are not at all inclined to proceed further in the matter. However, the investigating officer may submit his report before the competent court so that the proceeding may be finalized.
With these observations, the writ petition is disposed of .
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.10.2021 A. Pandey
Digitally signed by RAM KRISHNA Digitally signed by JUSTICE GAUTAM MAHESH CHANDRA TRIPATHI Date: 2021.10.07 16:37:42 IST Date: 2021.10.07 16:39:01 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the interim prayer for direction to investigate issues merit for interference under Article 226.
Aadil Nafees
State of U.P.
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
