- (1.) D. P. S. Chauhan, J. Counter-affidavit filed. Heard the learned counsel for the applicants and the learned Additional Public Prosecutor.
(2.) LEARNED counsel for the applicants submitted that the date of occurrence was 4-1-1990 and the F. I. R. was lodged on 4-3-1990 and on this submission was advanced that the F. I. R. was highly belated. Learned Additional Public Prosecutor produced a copy of the F. I. R. which shows the date of occurrence and date of information as 4-1-1991 but at the bottom below and above the signatures of the Lekhan the date 4-2-1990 is mentioned. However, in view of the averments made in paragraph 4 of the affidavit filed in support of the application, this Court issued a notice to the deponent of the affidavit, Shri Radhey Shyam, on 16-3- 1990, to show cause as to why proceedings under Section 340, Cr. P. C. , may not be taken against him.
(3.) IN para 2 of the counter-affidavit it is stated that the date of occur rence and date of lodging of the F. LR. is 4-2-1990 but, by mistake, the Munshi of P. S. Kotwali, Lalitpur, wrote 4-1-1990 istead of 4-2- 1990. On account of the pendency of the proceedings under Section 340, Cr. P. C. and the aforesaid incorrect facts, the applicants were deprived of their right from being released on bail for the fault of the Inspector.;