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DARA SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Dara Singh v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 12097 of 2006 [2006] RD-AH 18004 (19 October 2006)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 12097 of 2006

Hon'ble Sushil Harkauli J.

Hon'ble Pankaj Mithal, J.

It has been brought to our notice today that the order transcribed on this petition and dated 16.10.2006 does not relate to this petition but relates to Criminal Misc. Writ Petition No. 12098 of 2006.

Accordingly in supersession of that order, we pass the following order as follows.

In the First Information Report, it is mentioned that the petitioner ran away from the spot but the vehicles were recovered and upon inquiry, the mother of the petitioner said that she was not aware from where her son had brought these vehicles.  

Learned counsel for the petitioner relies upon certain release applications and release orders of the actual owners of the vehicles. These applications have been made subsequent to the First Information Report and are identical in wordings. The release orders do not say that no F.I.R., was lodged with regard to the alleged theft of the vehicles by the owners.

In the circumstances, we are of the opinion that  no value can be attached to these subsequent affidavits, which may well have been obtained under pressure and in any case, because pending trial, the true owner is entitled to the superdgi of the vehicles. No good ground for quashing the F.I.R., or staying the arrest is made out.

However, if the petitioner surrenders and applies for bail in case crime No. 1200 of 2006 under sections 411/413/414/419/420 IPC, P.S. Kotwali district Jaunpur, his bail application will be disposed of by both the Courts below expeditiously.

The writ petition is disposed of as above.

Dated : October 19, 2006

AM/-


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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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