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Sukhbir Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12109 of 2006  RD-AH 17804 (16 October 2006)
Crl. Misc. Writ Petition No. 12109 of 2006
Hon'ble Sushil Harkauli J.
Hon'ble Pankaj Mithal, J.
The First Information Report was lodged against unknown assailants. However, it was mentioned in the First Information Report that the assailants had been seen and could be recognised by the witnesses.
The case is of robbery and murder. The complicity of the petitioner is said to have come to light during investigation.
In this writ petition, the petitioner wants his First Information Report to be quashed and his arrest to be stayed.
The relief sought is totally misconceived in such matters when the accused are arrested.
Their faces are covered till test identification parade is held. The test identification parade forms a crucial piece of evidence in such matters.
If arrest is stayed and the accused are allowed to roam about freely, the test identification parade looses its relevance and evidentiary value. Thus, the prosecution forms irreparable damage.
The writ petition is dismissed as above.
Dated : October 16, 2006
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