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Kamal Ram v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 15793 of 2006 [2007] RD-AH 48 (2 January 2007)


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Crl. Misc. Writ Petition No. 15793 of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble Pankaj Mithal, J.

The petitioner is an accused in case crime No. 653 of 2006. By this writ petition he seeks quashing of the First Information Report and interim stay of his arrest on the ground that the First Information Report was not lodged immediately after 12.12.2006.

It appears that when the petitioner was handing over charge of the stocks to his successor Harish Chandra Prajapati, shortage of goods worth about Rs. Sixty five lakhs was found in the stocks. This happened on 12.12.2006. The First Information Report was lodged on the direction of the District Magistrate on 15.11.2006.

In our opinion, this delay is not so fatal to the First Information Report as to warrant quashing of the First Information Report. Consequently, there is no ground for staying of arrest also.

However, if the petitioner surrenders and applies for bail  in case crime No. 653 of 2006 under sections 409/406/419/420 I.P.C. and section 3/7 of the E.C. Act.  P.S. Deogaon district Azamgarh, his bail application will be considered and disposed of by both the Courts below expeditiously.

The writ petition is disposed of as above.  

Dated: January 2, 2007



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