KAMLESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Shri Kamlesh Singh moved a writ petition praying that the Hon'ble High Court may be pleased to issue a writ in the nature of certiorari quashing the first information report dated 15-12-1995 which gave rise to crime No. 621-A, under Sections 302, 34, 120-B, IPC, P.S.George Town, District Allahabad. The prayer is further made that writ of mandamus be issued directing the respondents not to arrest the petitioner in the aforesaid crime and also to pass any suitable direction or order as the Court may deem fit and proper.

(2.) Earlier to this writ petition another writ petition was filed which was numbered as Writ Petition No. 625 of 1996 and that was not pressed. Shri G.N.Verma appearing for the petitioner made a statement that he does not want to press this writ petition. He further made a statement that the fact that writ petition No. 626 of 1996 has been withdrawn as not pressed, is not mentioned in the present writ petition.

(3.) It is a triple murder case. We do not want to comment on the merits and demerits of the case nor do we want to comment on the allegations made in the application for stay of arrest by the petitioner as they are to be finally evaluated in trial. We would have allowed the permission to withdraw the writ petition but recently Supreme Court happened to observe in State of Maharashtra v. Ishwar Piraji Kalpatri, (1996) 1 SCC 542 : (AIR 1996 SC 722).