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RADHEY SHYAM @ PAPPU versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Radhey Shyam @ Pappu v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 15391 of 2006 [2006] RD-AH 21579 (21 December 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 15391 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble S.P. Mehrotra, J.

It is alleged by the petitioner, who is named in the statement of the girl recorded under section 164 Cr. P.C., as one of the persons, who committed rape on her, that the girl had married Brijesh and had obtained a stay of arrest interim order on 13th July 2006 in Writ Petition No. 8671 of 2006. But, it has not been explained as to how and why the girl would have stated before the Magistrate under section 164 Cr. P.C., after having obtained stay of arrest that her alleged husband Brijesh along with his friends had committed rape on her.

Because of these discrepancies, which have not been explained, we are not inclined to quash the First Information Report or to stay the arrest.

However, if the petitioner surrenders and applies for bail in case crime No. 216 of 2006 under section 363/366/376 I.P.C., and section 3(i)(xii) of the S.C. & S.T. Act, P.S. Mangalpur district Kanpur Dehat, his bail application will be disposed of by both the Courts below expeditiously.

The writ petition is disposed of as above.

Dated: 21.12.2006

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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