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Kedar & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 428 of 2006 [2006] RD-AH 1104 (17 January 2006)


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Hon'ble Amitava Lala, J.

Hon'ble Shiv Shanker, J.

Having heard the learned Counsel appearing for the parties, we are of the view that the concerned F.I.R. should not be interfered with in the present case, particularly on the basis of the guidelines framed by the Supreme Court in the case as reported in AIR 1992 SC 604 (State of Haryana and others Vs. Ch. Bhajan Lal and others).

However, upon considering the case of the petitioners, we direct that there will be stay of arrest of the petitioners in Case Crime No. 08 of 2005, under Sections 147, 323, 504, 506, 379, 427 I.P.C. and 3(1)10 SC/ST Act, Police Station Nichlaul, District Maharajganj for a period of four weeks from this date, within which if they also apply for bail before the Court concerned, the same shall be decided in accordance with law and only for expeditious disposal the ratio of judgement of this Court as reported in 2004 (All. C.J.) 1846 (Smt. Amarawati and another Vs. State of U.P.) can be followed.

Thus, the writ petition stands disposed of.

No order is passed as to costs.  

The petitioner no. 7 is said to be minor. If he is minor, his case will be heard by the Board of Juvenile Justice.

Dt./- 17.01.2006.



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