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Krishna Pal & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4631 of 2006  RD-AH 7842 (18 April 2006)
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
It is contended by the learned counsel for the petitioners that the election of the chairman of the Cane Union was scheduled to be held. It is alleged that either parties opened fire but none sustained injuries. It is further alleged that the occurrence was originated when some one put water into the ballot box. The contention of the learned counsel for the petitioners that a report was lodged by the Election Officer registered as Case crime no. 216 of 2006 under Sections 147, 148, 149, 307 IPC and 7(1) of the People Representation Act and subsequent FIR was lodged by the rival candidate registered as case crime no. 216A of 2006 but inspite of the submission of the application dated 4.4.2006 by Krishna Pal, petitioner and the candidates, a copy of which is appended as Annexure 4 to the writ petition, was not lodged by the police due to political interference. His further contention is that surprisingly enough, none was sustained injuries on either sides, therefore, it is a political dispute.
Considering the facts and circumstances of the case, learned AGA is directed to summon the investigating officer of the case to file counter affidavit within three weeks. .
The case shall appear on list on 22nd May 2006.
The investigation into the case in Case crime no. 216 of 2006 under Sections 132(3) of Representation of People Act 1951 and case c rime no. 216A of 2006 under Sections 147, 148, 149, 307 IPC and 7 Criminal Law Amendment Act PS Milak Distt.Rampur shall go on but the investigating officer shall not effect the arrest of the petitioners till the date fixed, provided they co-operate with the investigation and in no way tamper with the prosecution evidence
Dt/-18th April, 2006
PKG/6 (4631 /06)
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