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Rajesh Singh And Another v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 9960 of 2005 [2005] RD-AH 3522 (24 September 2005)


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Hon'ble S.S.Kulshrestha, J

Hon'ble K.N.Ojha, J

Heard and also perused the materials on record.

It is said that the fire was shot by the co-accused Sri Devi Singh and no overt act has been attributed against the petitioners. Petitioners presence itself would render their active participation in the incident for which report was registered as Case Crime No. 187/05, under section 147/148/149/307 IPC and 7 of Criminal Laws Amendment Act, P.S. Lanka, district Varanasi. Firearm injury was also sustained by Rajesh Singh. We do not find any justified and justifiable ground to interfere in the matter. Reliance may also be placed on the principle of law enunciated in the cases of State of Haryana v. Ch. Bhajan Lal AIR 1992 SC604, Ajay Mitra v. State of U.P. (AIR 2003 (SC) Page 1069 and Union of India v. Prakash P. Hinduja and another (JT 2003 (5) SC 300.

In the result this petition is dismissed.

Dt: 24.9.05


Hon'ble S.S.Kulshrestha, J

Hon'ble K.N.Ojha, J

Heard and also perused the materials on record.

The petitioners are police personnel and they have already lodged a report registered at Case Crime No. 1043of 1985 under section 147/148/149/307 IPC, P.S. Kotwali, district Mainpuri and for which the accused are already facing trial and as a counter blast with the influence of Sri Balram Singh Yadav, Member of Parliament, this counter report was got registered at Case Crime No. 224 of 1992, under section 365/218/342/120-B IPC, P.S. Kotwali, district Mainpuri and the matter was entrusted to CB-CID.

Having regards to the facts and circumstances of the case the arrest of the petitioners for the offences indicated above shall remain stayed for a period of four weeks. In the meantime petitioners shall surrender before the court below, where their bail applications shall be dealt with in accordance with law.

Petition is disposed of accordingly.

Dt: 24.9.05



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