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DEVENDRA PAL SINGH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Devendra Pal Singh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 4730 of 2006 [2006] RD-AH 8289 (25 April 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Ho'ble R. C. Deepak, J.

Hon'ble M. K. Mittal,J.

Heard Sri K. M. Tripathi, learned counsel for the petitioners, Sri M. P. Srivastava, learned counsel for the informant, learned A.G.A. and perused the record.

It has vehemently been argued by the learned counsel for the petitioners that three persons namely Surendra Pal, Virendra Pal and Mahendra Pal real brothers have sustained injuries and in this regard an F.I.R. has been lodged by the petitioner Surendra Pal registered as Case Crime No. 206 of 2006 under Sections 147, 148, 149, 307, 452 and 506 IPC, at P.S. Milak, District Rampur. Copy of their injuries report are also annexed as Annexure no. 2 to 4 to this writ petition.

His further contention is that in contrast to this a delayed F.I.R. on 31.3.2006 was lodged by respondent no. 3 namely Smt. Taslima Begum wife of Ahmad Wali Khan  an accused in case Crime No. 206 of 2006 referred to above and a perusal of impugned F.I.R. would go to indicate that no one sustained injuries whereas assailants were allegedly armed with firearms with intention to cause injuries.

Considering the facts and circumstances of the case, in case the investigation in Case Crime No. 206 A of 2006 under Sections 147, 148, 149, 307, 452 and 506 IPC, P.S. Milak, District Rampur has not been concluded the same shall be concluded within a period of three months from the date of presentation of the certified copy of this order but the arrest of the petitioners shall not be effected till then, provided they cooperate with the investigation.

The  writ petition stands disposed accordingly.

Dated: 25.4.2006

RKS/4730/06


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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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