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2002 Supreme(HP) 157

W.A.SHISHAK, A.K.GOEL
OMKAR SHARMA – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Kuldip Singh, Sr. counsel with Bimal Gupta, for Petitioners; Sanjay Karol, Advocate General, R. M. Bisht, AAG and S. S. Mittal, Sr. Counsel with Arvind Sharma, for Respondents.

JUDGEMENT

Arun Kumar Goel, J. :- It is proposed to dispose of these three writ petitions by this judgment as common questions of law and fact are involved in all these petitions.

2. Facts as they emerge out of the pleadings of the parties are, that on the basis of the investigation in FIR No. 1 of 1989 of Police Station, Anti Corruption Zone, Solan, another FIR No. 16 of 90 was registered on 21-11-1990 at Police Station, Anti Corruption Zone, Shimla, Copy of this FIR is attached as Annexure P1 with the writ petition.

3. During the course of proceedings in Criminal Writ Petition No. 11/92, when the matter came up before this Court on 13-4-1993 regarding investigation of FIR No. 16/90, what was stated on behalf of the Respondent-State was as under : "Shri M.S. Guleria, learned Deputy Advocate General has placed before us letter No. VIG(ENF) F-6(3)-51/92, dated April 8, 1993 from the Commissioner-cum-Secretary (Home and Vigilance) to the Government of Himachal Pradesh. In this communication, it has been decided relating to FIR No. 16 of 1990 that the investigation in this case is complete and the Government has come to the comclusion that there is no involvement of the petitioner.......






































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