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YAQUB versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Yaqub v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 16550 of 2007 [2007] RD-AH 17091 (29 October 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

Hon'ble K.S.Rakhra,J.

Hon'ble R.K.Rastogi,J.

Heard learned counsel for the petitioner, the A.G.A. and perused the record.

Argument of Sri D.N.Wali, learned counsel for the petitioner, is that the petitioner is not named in the impugned F.I.R. as accused. There is reference of his name in the F.I.R. stating that he had come to call the complainant for compromise talks and when the complainant and others reached near godown of one Salam four accused persons named in the F.I.R. who were already present there allegedly fired at them but victim Nafis, younger brother of the complainant, received only single firearm injury and he died. The argument of Sri D.N.Wali is that the impugned F.I.R. does not give any indication of conspiracy between the petitioner and the named accused persons but the police is harassing the petitioner.

Sri Saghir Ahmad, Advocate, has filed power on behalf of respondent no.3, but he did not respond even on revised call.

We considered the submissions made by Sri D.N.Wali and dispose of this petition with the direction that the petitioner Yaqub, shall not be arrested in case crime no. 498 of 2007 under sections 302 & 307/34, I.P.C. and section 7 of the Criminal Law Amendment Act of police station Lisari Gate district Meerut till cogent evidence of his involvement in this crime is collected by the Investigating Officer.

Dated:29.10.2007

RPP/Cr.WP.16550./07


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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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