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AMIT GUPTA & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Amit Gupta & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5669 of 2007 [2007] RD-AH 8746 (9 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 5669 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

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

According to the first information report, incident took place on 20.4.2007 at 1930 hours. The F.I.R., was lodged on 2040 hours on the same day. The victim lady was taken by the police constable for examination of her injuries and her injuries were examined on the same day at 2200 hours. This sequence of events coupled with the fact that of the three injuries, one is an incised wound on the face and the allegation in the first information report is assault by knife and sticks, there is no reason at this stage to doubt the correctness of the averment in the first information report.

In the circumstances, we are not inclined to either quash  the First Information Report or stay the arrest because, according to the first information report , four men have assaulted a helpless lady causing injuries.

However, if the petitioners surrender within 10 days from today and applies for bail  in case crime No. 647 of 2007 under section 452/324/323/504/506 I.P.C., P.S. Kotwali district Kannauj, their bail applications will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.  

Dated: May 9, 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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