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2016 DIGILAW 2236 (ALL)

Amar Singh Pal Thru. His Son Atul v. State of U. P. Thru. Secy. Home Civil Sectt U P Lucknow

2016-06-24

RAGHVENDRA KUMAR, SATYENDRA SINGH CHAUHAN

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JUDGMENT Heard learned counsel for the petitioner and learned A.G.A. Counter affidavit filed by the Jail authority is taken on record. 2. Learned counsel for the petitioner submits that petitioner and one Karan Pal Singh, both were produced before this Court and warrants were issued against them. In pursuance of the warrants issued they were taken into custody and thereafter Karan Pal Singh was produced before this Court and this Court passed the following order : "Heard the learned counsel for the respective parties and perused the record. It is a case where for obtaining an order by filing writ petition for quashing of FIR registered vide case crime no.312 of 2010,Sections 363, 366 and 506 IPC of P. S. Pachdewra, District-Hardoi false documents have been annexed and misleading statements have been made in the petition. Even on the school leaving certificate, which has been annexed along with the petition, it has come that no school with the said name exists. Accordingly, Registrar of this Court is directed to lodge an FIR against the petitioners Vikas Singh and Lalla Singh as well as Karan Pal Singh and Amar Singh under the appropriate sections of the Indian Penal Code at the police station of the concerned District within ten days from today and inform the Court in the 1st week of January, 2011 with respect to registration of the FIR. Karan Pal Singh, who has been brought from jail, be taken back and be released by the Magistrate concerned on his filing a personal bond and two sureties to its satisfaction on an undertaking from him that he will appear before this Court as and when required." 3. It is stated that after passing of the aforesaid order accused Karan Pal Singh has been released on bail and in pursuance of the order of this Court, the petitioner has also moved a bail application being one of the accused along with Karan Pal Singh, who has already been released on bail by this Court vide order dated 29.1.2016. Learned counsel for the petitioner submits that the petitioner is not an accused in the case under Section 363 , 366, 506 IPC in Case Crime No.312 of 2010, District-Farrukhabad. Learned counsel for the petitioner submits that the petitioner is not an accused in the case under Section 363 , 366, 506 IPC in Case Crime No.312 of 2010, District-Farrukhabad. It is submitted that once he is not an accused in the case under Section 363 , 366, 506 IPC, Case Crime No.312 of 2010, P. S. Kotwali, District-Farrukhabad, then it is incumbent upon the C. J. M. concerned to verify the aforesaid facts and release the petitioner. 4. Since, all these questions require verification at the level of C. J. M., the C. J. M. Farrukhabad is directed to verify the aforesaid facts and pass consequential orders as warranted under law. The writ petition is, accordingly, disposed of.