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Rinku v. State of U.P. & others - CRIMINAL MISC. WRIT PETITION No. 9268 of 2005 [2005] RD-AH 2488 (7 September 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).


Hon'ble S.S. Kulshreshtha, J.

Hon'ble K. N. Ojha, J.

Heard and also perused the materials on the record.

This petition has been brought for quashing the written report registered at Case Crime No. 227 of 2005, under sections 307 I.P.C. police station Etmadaula, district Agra. It is said that even if the FIR version is accepted to be true on its face value, the fire was shot at by a third person and only presence of the petitioner was shown. There was an enmity of the petitioner with the victim and his presence alone shows his active participation in the offence. Prima-facie the offence indicated above is made out against the petitioner.

Having regards to the facts and circumstances of the case we do not find any justified and justifiable ground for interference in the matter. Reliance may be placed in the cases of State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 SC 604, Ajay Mitra Vs. State of U.P., AIR 2003 SC 1069 and Union of India Vs. Prakash P. Hinduja and another JT 2003(5) SC 300.

In the result the petition is dismissed.

However the bail of the petitioner shall be considered expeditiously.

Dt/- 07.9.2005

Pcl (9268/05)


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