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2008 Supreme(All) 2515

S.RAFAT ALAM, SUDHIR AGARWAL
GAYUR HASAN, ETC. ETC – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
R.C. Gupta for the Petitioner; A.K.Sand, A.G.A. and Advocate General for the Respondents.

JUDGMENT

By the Court.—In this bunch of writ petitions broadly there are three kinds of cases.

(A) The leading Writ Petition No. 5520 of 2006 (Gayur Hasan v. State of U.P. and others) has been filed seeking a writ of mandamus commanding withdrawal of security from respondent No. 4 and to direct the respondents to arrest him. Similarly, in Writ Petition No. 41892 of 2007 (Mohd. Safi v. State of U.P. and others) a mandamus has been sought for withdrawing security provided to respondent No. 4. It is common ground in both these writ petitions that the respondent No. 4 therein are the persons of tainted character involved in criminal activities inasmuch, in Gayur Hasan (supra), the respondent No. 4 i.e. Meharban was wanted in a case under Section 302, IPC and though had not been arrested yet was provided security guard. Similarly, Lakhpati Singh (respondent No. 4 in Writ Petition No. 41892 of 2007) is also said to be an anti-social element but on the strength of an order, he has obtained from this Court in a writ petition, has obtained security and strengthened thereby is misusing besides harassing the petitioner.

(B) The second set of writ petitions are those where a mandamus has been s





















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