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2002 Supreme(All) 1299

Y.R.TRIPATHI, M.C.JAIN
ATIQUE AHMAD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
D.S.MISHRA, K.S.Hanif, S.M.A.Kazmi

M. C. JAIN, J.

( 1 ) THE facts, skipping unnecessary details, are that the petitioner is a sitting M. L. A. from Allahabad Constituency. Against him an F. I. R. has been lodged by respondent No. 5 Smt. Urmila Devi on 4-8-2002 at 2. 05 p. m. , resulting in registering of a case against him under Sections 467/468/471/420/506/384/387, I. P. C. and Section 2/3 of the U. P. Gangsters Anti Social Activities (Prevention) Act. He has filed this writ petition, claiming the following reliefs :" (I) to issue a writ, order or direction in the nature of Certiorari quashing the first information report and further proceedings of Case Crime No. 311 of 2002, under Sections 420, 467, 468, 471, 506, 384, 387, I. P. C. and 2/3 of Uttar Pradesh Gangster Act, Police Station Dhoomanganj, Allahabad, dated 4-8-2002, so far as it relates to the petitioner, (Annexure No. 16 to the writ petition. (i) to issue a writ, order or direction in the nature of mandamus restraining the respondents from taking the petitioner into judicial custody in respect of Case Crime No. 311 of 2002 under Sections 420, 467, 368, 471, 506, 384, 387, I. P. C. and 2/3 Uttar Pradesh Gangster Act, Police Station Dhoomanganj, Allahabad,
















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