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SMT. KIRAN UPADHYAY AND ANOTHER versus STATE OF ULP. THRU. SEC. HOME AND OTHERS

High Court of Judicature at Allahabad

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Smt. Kiran Upadhyay And Another v. State Of Ulp. Thru. Sec. Home And Others - CRIMINAL MISC. WRIT PETITION No. 5942 of 2005 [2005] RD-AH 1449 (13 June 2005)

 

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

Hon. A.K. Yog,J.

Hon. Vikram Nath, J.

We have heard learned counsel for the petitioner as well as learned AGA for the respondents and also perused the writ petition as well as the FIR dated 24.04.2005 (Annexure 4 to the writ petition) registered as Case Crime No. 498 of 2005, under Sections 420, 467, 468, 469, 471 and 120 B IPC and 506 IPC. Police Station Najibabad, District Bijnor.

From perusal of the FIR prima facie cognizable offence is disclosed. We therefore decline to interfere under Article 226 of the Constitution of India. However, considering the facts and circumstances of the case it is provided that the respondents shall not arrest the petitioner pursuant to the afore mentioned FIR till submission of the police report under Section 173 (2) Cr.P.C.

With the aforesaid observations this writ petition is finally disposed of.

13.06.05 crl. W.p. 5742/05

v.k.updh.(16)


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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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