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Shaheen v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 915 of 2007 [2007] RD-AH 14377 (22 August 2007)


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Hon'ble Sushil Harkauli, J.

Hon'ble K.N. Ojha, J.

We have heard the learned counsel for the petitioner.

This writ petition was filed in January 2007.  The prayer in this writ petition is based upon an apprehension expressed by the petitioner that he would be taken on police remand for the purpose of interrogation by U.P. Police and during the period of remand he would be done to death.  In support of this, the learned counsel for the petitioner relies upon an alleged similar incident with regard to the petitioner's brother.

It is obvious that the police remand is taken for the purpose of investigation soon after registration of the FIR.  We have not been shown despite repeated request to the learned counsel for the petitioner, any recent offence registered against the petitioner in which he could be possibly apprehending the police remand.

As already stated, this is a petition of January 2007 which has been pending without any interim order.  If any offence was registered against the petitioner at that time, the police would have obtained police remand at that time. After eight months there remain very little probability of  seeking any police remand.

In the circumstances, we find that the apprehension of the petitioner is not justified.

The writ petition is therefore dismissed.

Dated: 22.08.2007

RCT/-crl.w.p.no. 915/07


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