Allahabad Court December 1989 Judgments
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Devi Bux Singh Vs. State of Uttar Pradesh and anr.
Court: Allahabad
Decided on: Dec-02-1989
Reported in: 1990CriLJ2141
S.N. Sahay, J.1. These two writ petitions for Habeas Corpus were allowed by us on 2-12-1989 after hearing the parties. We passed the following order:--'For reasons to be recorded later, Writ petitions are allowed and the detention of the petitioners Arjun Singh and Devi Bux Singh in Crime Case No. 148 of 1988, under Sections 147/148/149/302 and 405 I.P.C. of P.S. Huzoorpur, District Bahraich, is set aside and the petitioners shall be released there under unless they are liable to be lawfully detained otherwise, leaving it open to the appropriate Court of competent jurisdiction to deal with the petitioners in accordance with law.Copy of this order may be given to the petitioners today.'2. Now we proceed to record the reasons for the said order.3. Devi Bux Singh has filed writ petition No. 7673 of 1989 (Habeas Corpus) on the allegations that he was sent to jail in connection with Crime No. 148 of 1988 of Police Station Huzoorpur, District Bahraich. The First Information Report was lodged...
Bhagwan Das Agrawal Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Dec-02-1989
Reported in: 1990CriLJ916
ORDERPalok Basu, J.1. Bhagwan Das Agrawal has filed this petition under Section 482, Cr. P.C. with the prayer that the complaint and consequent proceedings initiated by Rajiv Nandan Misra pending in the Court of Chief Judicial Magistrate Varanasi, be quashed. Since affidavits have been exchanged, this application is being finally disposed of at the admission stage.2. The question involved, however, will be to whether it will be open to this Court in exercise of inherent powers under Section 482, Cr. P.C. to weigh the respective pleas, particularly the complainant's, in order to Judge whether 'bona fide dispute' concerning the property involved really exists.3. The facts are that a first information report was lodged by Rajiv Nandan Misra on 4-9-1986 at Police Station Chowk, Varanasi. The investigation followed but ended in a final report. It appears that a protest petition was filed on behalf of the informant before the magistrate and it further appears that he directed the informant t...
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