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KULDEEP SINGH BHADAURIA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Kuldeep Singh Bhadauria v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13692 of 2007 [2007] RD-AH 15141 (7 September 2007)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

Criminal Misc. Writ Petition No. 13692 of 2007

Kuldeep Singh Bhadauria Vs. State of U.P. and others

Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi, J.

Having heard learned counsel for the petitioner and the learned Additional Government Advocate for the State-respondents and having perused the impugned FIR, we are of the view that the relief sought for in this writ petition cannot be granted at this stage. However, in view of the judgment of the Hon'ble Apex Court in the case of Jogendra Kumar Vs. State of U.P. and others, 1994 (4) SCC 260, it is provided that arrest of the petitioner in Case Crime No. 127 of 2000, under Sections 419, 420, 467, 468, 469, 470 and 120-B, IPC, Police Station Chandapa, District Hathras shall be effected only when credible evidence is collected against him and if it is found that his arrest is necessary and justified for the purpose of proper investigation.

With the aforesaid observation, the writ petition stands dismissed.

Dated: 7.9.2007

SKM


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