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2005 DIGILAW 148 (SC)

OM PRAKASH SRIVASTAVA v. UNION OF INDIA THROUGH CBI

2005-01-24

H.K.SEMA, S.N.VARIAVA

body2005
ORDER 1. The present application is for directions to the effect that the FIR, which has been lodged, be proceeded with in accordance with law. On behalf of the police it is stated that the FIR could not be proceeded with as police custody could not be taken of the accused. Therefore the investigation could not progress. 2. The trial in Kanpur has come to an end. In Lucknow, the petitioner f applicant has been acquitted. In Delhi the matter is fixed for recording of evidence on 27-1-2005. We, therefore, direct that immediately after the cases in Kanpur and Delhi are over, custody of the petitioner applicant will be handed over to the police at Mumbai. On receiving such custody, chargesheet, if any, will be filed on a closure report submitted within a period of three months from taking custody. 3. Criminal Miscellaneous Petition No. 10396 of 2004 stands disposed of accordingly. Court Masters