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1998 Supreme(All) 439

S.K.PHAUJDAR, J.C.MISHRA
NASIMUDDIN SIDDIQUI – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
S.M.A.Kazmi,

The writ petition was presented before us on 1- 4-1998 and upon our direction was to be put up on the next day. On that day directions were issued calling upon the respondents to come up with counter- affidavit. The petitioner was directed to file rejoinder affidavit there after and the matter was directed to be listed on 6-5-1998. A further direction was given to the effect "subject to his co-opera tion in the investigation, the petitioner may not be arrested in case Crime No. 358 of 1997 under Sections 419 and 420, LP. C. and 7/13, Prevention of Corruption Act, P. S. Gomti Nagar, District Lucknow, till further orders. "

2. On 2-4-1998 itself, after the aforesaid order was passed, Sri Mahendra Pratap, learned A. G. A, made submissions before us touching the jurisdictional point as also the maintainability of the petition. We, thus, directed the matter to come up on 3-4-1998 subject to information to Sri S. M. A. Kazmi, learned Counsel for the petitioner. The matter could be finally heard, on the question of jurisdiction and maintainability of the prayers, on 13-4-1998.

3. The petitioner, Nasim Uddin Sid-diqui, claimed to be an erstwhile Member of the Legislative Assembly of Uttar P















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