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The Lucknow bench of the Allahabad High Court on Friday clarified that the magistrate concerned in its July 27 order in connection with the murders of former chief medical officers Dr V K Arya and Dr B P Singh meant the magistrate before whom the UP Police had submitted the chargesheet.
In its July 17 order when the high court handed over the case to the CBI,it said no action shall be taken by the magistrate concerned in pursuance of the chargesheet. But this had created confusion and the central investigating agency was not able to seek further remand of the accused as the word magistrate could be interpreted to include the magistrate of the CBI court.
Todays clarification therefore paved the way for the CBI,which is currently probing the case,to seek remand of the four accused from the special CBI court.
After hearing an application filed by the CBI,the bench of Justices Pradeep Kant and Ritu Raj Awasthi clarified that the word magistrate in its earlier order is the magistrate before whom the police had submitted the chargesheet, said J N Mathur,Additional Advocate General of Uttar Pradesh. The UP Police had earlier filed chargesheet in both the murder cases.
The four accused Anand Prakash Tiwari,Vinod Sharma,Ram Krishna Verma and Vijay Dubey are in judicial remand since June and will become entitled to bail on September 14 unless the proceedings begin in court.
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