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1998 Supreme(All) 303

S.K.PHAUJDAR, N.S.GUPTA
UDAYBHAN SHUKI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
DAYA SHANKAR MISHRA


( 1 ) THROUGH this writ petition under Art. 226 of the Constitution of India the petitioner has made a prayer for his immediate release from custody, for a writ in the nature of mandamus for a direction upon the C. J. M. Azamgarh for action under Section 156 (3), Cr. P. C. against respondents No. 3 and 4 and other police officers for proceeding for contempt of Court against respondents No. 3 and 4 other police officers responsible for the arrest of the petitioner and for compensation and costs for his illegal arrest and detention. It is not disputed that the applicant was released on bail in relation to the criminal case for which he was allegedly arrested and as such the prayer for immediate release is not one to be considered in this application. The other prayers would be considered in the light of the averments, counter averments and the law on the point.

( 2 ) THE respondents arrayed in the petition were : (i) The State of U. P. through the Home Secretary, (ii) The Senior Superintendent of Police, Azamgarh; (iii) Sri Anantdev Tiwari Circle Officer of Police, Azamgarh City and (iv) Sri Raj Narain Singh, Station Officer, Sidhari Police Station, Azamgarh.

( 3 ) THE petitioner des





























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