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Pratap Singh Yadav & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 13723 of 2007 [2007] RD-AH 15244 (10 September 2007)

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Court No.32

Criminal Misc. Writ Petition No.13723 of 2007

Pratap Singh Yadav & others v. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble V.D. Chaturvedi, J.

It is alleged that the impugned FIR has been lodged on account of political vendetta. It is also submitted that as per the impugned FIR an incident had taken place on 27.2.2006 but the same has been lodged on 21.8.2007. However, it has not been disclosed in the FIR that when the police station refused to register the case what steps were taken by the informant to approach the Senior Superintendent of Police or whether any application was filed before the CJM for directing the police to register the case under Section 156 (3) Cr.P.C. It is also submitted that it is a case of no injury.

Learned AGA appearing for respondent no.1 to 3 prays for and is allowed four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Issue notice to respondent no.4 through registered post with AD returnable within six weeks. Steps to be taken within a week.

List the writ petition immediately after six weeks.

Considering the submissions made before us and looking to the fact of the case, in the meanwhile, it is provided that the petitioners shall not be arrested in connection with case crime no.286 of 2007, under Sections 147, 148, 149, 427, 307, 504, 506 & 323 IPC, Police Station Bhognipur, District Kanpur Dehat until submission of charge sheet or until further order of this Court, whichever is earlier, provided they co-operate in the investigation and appear before the Investigating Officer as and when required. However, the investigation shall continue and the same may be concluded expeditiously, preferably within a period of three months.




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