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VIRENDRA BAHADUR ASTHANA versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Virendra Bahadur Asthana v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 4159 of 2007 [2007] RD-AH 5911 (2 April 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 OF ALLAHABAD

Crl. Misc. Writ Petition No. 4159 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble R.K. Rastogi, J.

Heard learned counsel for the petitioner and the learned A.G.A.

The argument of the learned counsel for the petitioner that the deceased was mentally unstable and, therefore, he killed himself by causing serious injuries on his head, is not an argument, which can be accepted in a writ petition by way of defence without proof. Prima facie, the allegations of the First Information Report are corroborated by the injuries found in the postmortem report.

Custodial death is a serious matter and should not be taken lightly.

In the circumstances, we are not inclined to quash the First Information Report or stay the arrest.

However, if the petitioner surrenders within 10 days from today and applies for bail  in case crime No. NIL of 1995 under section 304/120B I.P.C., P.S. Hari Parwat district Agra, his bail application will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.

Dated: April 2, 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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