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2019 (12) TMI 1472

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..... Shiv P. Shukla for opposite party no. 5 while Sri Sanjeev Singh for opposite party no.6. Counter Affidavit was required to be filed by all the opposite parties. None except Sri S.B. Pandey has filed the counter affidavit on behalf of opposite party nos. 3 and 4, which is taken on record. Following prayers have been made by the petitioners : "(a) issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 12.04.2018 (Annexure 1) issued by OP No.2 as well as the consequential order dated 22.02.2019 (Annexure 2) issued by OP No.1 and the order dated 04.04.2019 (Annexure 3) issued by OP No.2 and all other consequential proceeding arising thereof in respect of the petitioners; (b) issue a writ, order or di .....

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..... the offence was alleged to have been committed, in connection with the affairs of a State, of that Government; (c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed : Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person: Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month." The petitioners have forcef .....

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..... e proper that reference may be made of an order passed by this Court in Criminal Misc.Writ Petition No.36872 of 2018 (Suman Sharma and 3 others v. State of U.P. and 4 others) at Allahabad on 18.12.2018, operative portion of which is quoted below : "However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full cooperation during investigation." It is needless to say that the petitioners shall cooperate with the investigation as has already been mentioned in the aforesaid judgment and order dated 18.12.2018 passed by this Court at Allahabad.

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