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NALNISH CHANDRA MISHRA & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Nalnish Chandra Mishra & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 3841 of 2007 [2007] RD-AH 5224 (23 March 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 3841 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble R.K. Rastogi, J.

We have heard learned counsel for the petitioners.

The writ petition of a co-accused being Criminal Misc. Writ Petition No. 3754 of 2007 - Babu Khan Versus State of U.P. and others, has been dismissed by us on 22nd March 2007.

The case is alleged to be one of fake encounter by the police personnel, who the petitioners before us. There is no good ground for quashing the First Information Report or staying the arrest in a case under section 302 I.P.C.

So far as the second prayer is concerned for transferring the investigation, the First Information Report was lodged in 1996. The petitioners were not arrested so far apparently because, investigation was going on. Now, when the investigation is near conclusion and after collecting sufficient evidence, the Investigating Agency is trying to arrest the petitioners, the petitioners have come up with the plea that the investigation is biased and it should be transferred.

We are not satisfied with this kind of plea. We think that it is a mere device on part of the petitioners to further delay the investigation. Therefore, we decline to entertain the prayer.

The writ petition is accordingly dismissed.

Dated: March 23, 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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