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Gyan Singh 297 A.P. v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 2721 of 2007  RD-AH 3389 (28 February 2007)
Crl. Misc. Writ Petition No. 2721 of 2007
Hon'ble Sushil Harkauli, J.
Hon'ble G.P. Srivastva, J.
Heard learned counsel for the petitioner and the learned AGA.
The arguments being advanced from the petitioner's side are basically factual averments of defence, which can not be examined in writ jurisdiction but will require to be proved by way of defence evidence. The charge against the petitioner is serious. The petitioner has been dismissed from police service apparently on that charge. He is alleged to be absconding.
In the circumstances, we are not inclined to quash the F.I.R., or stay the arrest.
However, if the petitioner surrenders and applies for bail in case crime No. 351 of 2006 under section 409 I.P.C., P.S., and 29 Police Act, P.S. Rakabganj district Agra, his bail application will be considered and disposed of by the Courts below expeditiously.
The writ petition is disposed of as above.
Dated: February 28, 2007
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