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PRAVESH @ PRAMESH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Pravesh @ Pramesh & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 3763 of 2007 [2007] RD-AH 5228 (23 March 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 3763 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble R.K. Rastogi, J.

We have heard learned counsel for the petitioners and the learned AGA.

The argument on the basis of which quashing of the First Information Report has been sought is that the First Information Report has been lodged at 12:40 in the afternoon of 18.2.2007 in respect of an alleged incident of the evening of 18.2.2007. Virtually, the argument is how can the First Information Report be lodged before the event happened. This argument is totally misconceived. If the First Information Report  is given in the late morning of the day saying that in the evening something happened, it means the previous evening and not the evening which has to come.

Thereafter, there is an allegation that this First Information Report is also a counter blast to some other First Information Report. The parties are not common and, therefore, this theory can not also be accepted.

The last argument is that this First Information Report and another First Information Report have been lodged within an interval of 20 minutes and they are result of political enmity. This kind of theory can not be examined in writ jurisdiction. If this is accepted to be a good ground that two First Information Reports lodged against one person within a short interval must be quashed holding it to be a result of political rivalry, it would give the accused a free hand to commit double offences.

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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