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JAIPAL SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Jaipal Singh v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 11176 of 2005 [2006] RD-AH 8054 (20 April 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.3

Criminal Misc.Writ Petition No. 11176 of 2005

Jaipal Singh                                        ......                          Petitioner

                            Vs

State of U.P. & others                         ......                         Respondents.

  : Present:

   (Hon'ble Mr.Justice Amitava Lala & Hon'ble Mr.Justice R.N.Misra )

  : Appearance :

For the Petitioner                               .......            Sri M.P.Gupta

For the Respondents                          .......            Learned A.G.A.

Amitava Lala,J-   There is an application in the record in connection with impleadment of the Secretary/Managing Director of KSS Rampur Maniharan, District Saharanpur, Uttar Pradesh as respondent no.4.  Such application is allowed considering that he is also the necessary party to the writ petition.  However, since the writ petition is at the stage of final hearing, we have heard the submissions of the learned A.G.A. as well as the submissions of the petitioner.   Having considered the case 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).

However, upon considering the case of the petitioner, we direct that there will be stay of arrest of the petitioner in Case Crime No. 291  of 2005 under Section 409 I.P.C., Police Station Rampur Maniharan,     District Saharanpur for a period of four weeks from this date, within which if he appears or produced before the Court concerned, the same shall be decided in accordance with law.

Thus, the writ petition stands disposed of.  

  ( Justice Amitava Lala)

I agree.

(Justice R.N.Misra)

Dt.20.4.06

PKB


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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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