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1992 Supreme(All) 318

S.K.MUKHERJEE, A.N.GUPTA
HIDIYAT HUSSAIN KHAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.K.KULSHRESTHA

S. K. MOOKERJI, J.


( 1 ) THIS petition has been filed by Hidayat Hussain Khan a student of Ist year M. D. (Skin) in S. N. Hospital, Agra in Halling Wards at Agra praying for a writ in the nature of certiorari for quashing the first information report dated 3-4-92 lodged by Km. Shashi Lata Mukherji, a staff nurse of the aforesaid Medical College under S. 376/420, IPC. Crime No. 44 of 1992, police station M. M. Gate, Agra, a Copy whereof is Annexure 3 to the writ petition.

( 2 ) WE have heard the learned counsel for the petitioner at length and also the learned Standing Counsel. After hearing the learned counsel for the parties and also examining the materials on record, we are not inclined to interfere with the first information report or the investigation, at this stage. On reading the first information report, it cannot be held that no case is made out against the petitioner. At present investigation is in progress as such also we are not inclined to interfere. The Investigating Officer, on completion of investigation, may file the necessary chargesheet or final report, as deemed fit, expeditiously, in accordance with law. It may not he proper to discuss, at this stage about the m













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