MASHHOOR & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mashhoor & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2951 of 2006 [2006] RD-AH 5755 (9 March 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Amitava Lala,J.

Hon.Shiv Shanker,J.

Since all the offences are triable by the Magistrate, therefore, the following order is passed.  

Having heard the learned counsel appearing for the parties, we are of the view that the concerned F.I.R., should not be interfered with in the present case particularly on the basis of the guidelines framed by the Supreme Court in the case as reported in AIR 1992 SC 604 (State of Haryana and others Vs. Ch. Bhajan Lal and others).

Therefore, the writ petition stands dismissed.

No order is passed as to costs.

However, in case petitioners/petitioner appear or produce before the court concerned and apply/applies for bail in connection with Case Crime No.130 of 2005, under Sections 452,323,504 and 506  I.P.C.  Police Station Majhola, District Moradabad the same shall be decided in accordance with law and only for expeditious disposal the ratio of judgement of this Court as  reported in 2004 (All. C.J.) 1846 (Smt. Amrawati and another vs. State of U.P.)  can be followed.

Dt.9.3.06

Asha

W.P.2951/06

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