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RAKESH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Rakesh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5067 of 2007 [2007] RD-AH 6999 (17 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 5067 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

Heard learned counsel for the petitioner.

The petitioner by this writ petition wants quashing of the first information report of a murder case and also seeks interim stay of his arrest. The first information report was lodged in 1996, i.e., more than 10 years ago. The fact that the petitioner has not been arrested during this period of 10 years itself indicates impartiality of the Investigating Agency.

It will normally be assumed that the Investigating Agency might have collected sufficient material during investigation to warrant arrest because of which at this belated stage, the petitioner has come to this Court to seek an ex parte interim order of stay of his arrest.

We are not inclined to quash the first information report or stay the arrest.

The writ petition is accordingly dismissed.

Dated: April 17, 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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