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Chhedi Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 14293 of 2006 [2006] RD-AH 20682 (7 December 2006)


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Crl. Misc. Writ Petition  No. 14293 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

The petitioner is named along with three other persons including the son of the petitioner, who are said to have caused fire arm injuries to two persons at 11:00 a.m., on 13.11.2006. The First Information Report has been lodged on 14.11.2006. The case has been registered under section 307 I.P.C.

The petitioner relies upon certain school records for the purpose of showing that at the time of the incident, the petitioner was performing his duty in the school, which is said to be 50 Kms., away from the place of incident.

This kind of alibi can not be examined in writ jurisdiction but can be seen when a bail application is being considered.

Having considered the defence set up by the petitioner, who claims to be a school teacher, we direct that if the petitioner surrenders and applies for bail in case crime No. 642 of 2006 under section 307 I.P.C., P.S. Jamania  district Ghazipur, his bail application will be considered and disposed of by both the Courts below expeditiously.

The writ petition is disposed of as above.                

Dated : December 7,  2006



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