GEETA DEVI Vs. STATE OF U P
LAWS(ALL)-1998-2-19
HIGH COURT OF ALLAHABAD
Decided on February 09,1998

GEETA DEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) A prayer has been made by the five petitioners for issuance of a writ of mandamus commanding the re spondents not to arrest them as no FIR or criminal complaint has been lodged against them.
(2.) MR. Tejpal, learned Counsel ap pearing on behalf of the petitioners, con tended that the plight of the petitioners is that even though there was no case regis tered against the petitioners yet they are sought to be arrested by the police. Mr. Tripathi, learned A. G. A. , ap pearing on behalf of the State contends that the allegations of the petitioners are too wild to be believed inasmuch as it can not be expected of any police authority to arrest any one unless there is some case against the person concerned. We dispose of this writ petition with this direction that it will be open for the police authorities to arrest the petition ers in accordance with law only if there is any case pending against them.
(3.) THE office is directed to handover a copy of this order to Sri Tripathi, learned A. G. A. , within three days for its commu nication to and follow up action by the Senior Superintendent of Police, Jhansi. Petition disposed of. .;


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