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Dhanraj Gupta And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 7090 of 2007  RD-AH 10307 (1 June 2007)
Criminal Misc. Writ Petition No.7090 of 2007
Dhanraj Gupta & another v. State of U.P. & others.
Hon'ble S. Rafat Alam, J.
Hon'ble A.K. Roopanwal, J.
Heard learned counsel for the petitioners and also perused the impugned FIR.
It is vehemently contended that since the petitioners were campaigning the election of Anugrah Narain Singh on account of political rivalry a false report has been lodged against them at the instance of the candidate of rival group. We are of the view that since the matter is under investigation by the police, it would not be appropriate to express any opinion on this submission. Besides that the allegation made in the impugned FIR prima facie discloses commission of cognizable offence and, therefore, we are not inclined to interfere with the same.
The writ petition is accordingly dismissed in limine. It is, however, provided that in the event the petitioners surrender before the court concerned and apply for bail within in connection with case crime no.53 of 2007, under Sections 308, 302, 504 & 506 I.P.C., Police Station Kydganj, District Allahabad, the same may be considered and disposed of expeditiously.
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