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Roshan Lal v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5429 of 2007 [2007] RD-AH 7824 (26 April 2007)


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Crl. Misc. Writ Petition No. 5429 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

Heard learned counsel for the petitioner.

The petitioner is the named accused, who has been assigned the main role of of shooting the husband of the complainant. The said husband is alleged to have sustained fire-arm injuries. The petitioner is relying upon an affidavit filed on 12.4.2007 i.e., after a month of the incident by the victim, before the Court below, alleging that he had not been shot by the petitioner Roshan Lal but had been shot by somebody else. This kind of an affidavit given by the victim belatedly can not be considered in writ jurisdiction. The affidavit by itself does not explain the delay in disclosure by way of that affidavit and the naming of the petitioner as the main assailant in the first information report.

In the circumstances, it is not a fit case for quashing the first information report or staying the arrest.

However, if the petitioner surrenders within 10 days from today and applies for bail  in case crime No. 39A of 2007 under section 323/452/307/504/506 I.P.C., P.S. Nawabganj district Allahabad, his bail application will be considered and disposed of by the Courts below expeditiously.

The writ petition is disposed of as above.  

Dated: April 26, 2007



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