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NARENDRA BRAMH SINGH & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Narendra Bramh Singh & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 14156 of 2007 [2007] RD-AH 15686 (18 September 2007)

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 AT ALLAHABAD

Crl. Misc. Writ Petition No. 14156 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Sudhir Agarwal, J.

We have heard learned counsel for the petitioners.

The first information report says that the petitioners are unsocial elements and they recover goonda tax from trucks. Despite this allegation in the short one page first information report, the petitioners have not stated anywhere in the writ petition that no first information report has been registered against any of the petitioners, earlier to the present first information report. The only fact stated in paragraph 16 is that they are not "previous convicts".

When a serious allegation of this nature is made alleging criminal history, the least that is expected while drafting the petition is to deny these allegations specifically.

In the circumstances, we are not inclined to either quash the first information report or stay the arrest.

However, if the petitioners surrender within 10 days from today and apply for bail in case crime No. 564 of 2007 under section 387/504/506 I.P.C., P.S. Kurara district Hamirpur, their bail applications will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.

Dated: September 18, 2007

AM/-


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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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