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2011 Supreme(All) 2785

KALIMULLAH KHAN, AMAR SARAN
SHAUKIN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Mrs. Tabassum Hashimi, Ashwani Kumar Srivastava for the Petitioner; A.G.A. for the Respondents.

JUDGMENT

By the Court.—A personal affidavit of the DGP, U.P. dated 11.10.11 has been filed and this Court is pleased to note that in compliance of our earlier order dated 15.9.11. the DGP, U.P. has issued a circular dated 3.10.11 addressed to all the regional IGs/ DIGs/ SSPs/SPs in-charge of all districts and departmental heads of other police units to strictly enforce the newly introduced amendments, viz. sub-section 41(1)(b) and Section 41 A Cr.P.C and the directions contained in the order of this Court dated 15.9.11 in Cr. Misc Writ Petiton No. 17410 of 2011, Shaukeen v. State and order dated 23.9.11 in Cr. Misc. Writ Petition No. 18661/ 2011, Ram Abhilash and others v. State.

2. It was also pointed out in the circular that the investigating officers who file counter-affidavits before the High Court do not have any knowledge about these provisions and how they are to be applied.

3. The following observations in the order dated 15.9.11 have been quoted in the DGP’s circular: “Let a copy of this order be forwarded to the DGP, U.P. within one week by the registry. The DGP may circulate this order to all police stations and investigating officers in U.P. with directions to ensure str















































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