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KM. ADESH AND ANOTHER versus STATE OF U.P. THROUGH HOME SECY. AND OTHERS

High Court of Judicature at Allahabad

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Km. Adesh And Another v. State Of U.P. Through Home Secy. And Others - CRIMINAL MISC. WRIT PETITION No. 2827 of 2006 [2006] RD-AH 5399 (7 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala,J.

Hon'ble Shiv Shanker,J.

The F.I.R. has been challenged in case crime No.1557 of 2005 under Sections 304-B, I.P.C. and ¾ Dowry Prohibition Act, Police Station Singhawali Aheer, District Baghpat. The petitioner contended that petitioner no.2 (Smt.Veena w/o Preetam Singh) has already been released on bail bond which is available in the annexure-4 by the police officer. If she has already been released what is the necessity of incorporating her name as petitioner no.2 is unknown to this court. Moreover when law does not permit to release the person on bail even in case of non-bailable offence punishable with death or imprisonment for life under section 437 Cr.P.C. how the police officer granted bail to the petitioner no.2 is unknown to this court. No parity can be shown in connection with the illegality.

Therefore, the writ petition stands dismissed. No order is passed as to costs.

The appropriate police authority i.e. Superintendent of Police is directed to investigate the matter against the police officer who granted bail to the petitioner no.2 as expeditiously as possible and file a report to the Home Secretary, Uttar Pradesh for this purpose.

Dt.07.03.06

PKB

Crl.2827-06

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