Disposed

Anwar @ Anwarul HUDA and 4 Ors. v. State of U.P. and 3 Ors.

Allahabad HC13 Feb 2018CRLP/1108/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR, the court stayed the arrest of the petitioners until the investigation is completed and the police report is submitted under Section 173(2) Cr.P.C.

What did the court decide?

Stayed the arrest of the petitioners until the submission of the police report under Section 173(2) Cr.P.C. and directed the investigation to be completed within six weeks.

Anwar @ Anwarul HUDA and 4 Ors. Vs State of U.P. and 3 Ors. — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 42

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 1108 of 2018

¶3

Petitioner :- Anwar @ Anwarul Huda And 4 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Mahendra Pratap Yadav,Pavan Kishore Counsel for Respondent :- G.A.

¶4

Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

¶5

Counter affidavit filed by learned AGA is taken on record.

¶6

Heard Sri Pavan Kishore, learned counsel for the petitioners, Sri Vikas Sahai, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.

¶7

This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 7.12.2017, which has been registered as Case Crime No.2610 of 2017, u/s 363, 366, 506, 120B IPC, P.S. Dhanghata, district Sant Kabir Nagar.

¶8

Learned AGA states that the victim has been recovered from Mohammad Arif Rain Guest Houst, Kichhauchha Dargah Sharif, Police Station Baskhari, district Ambedkar Nagar, the said fact is mentioned in para no.5 of the counter affidavit. He further submits that as per the medical examination report of the victim, she is a major girl aged about 18 years. Her statement u/s 164 Cr.P.C is to be recorded by the learned Magistrate.

¶9

From the perusal of the interim order dated 19.1.2018 passed by this Court, it appears that this Court had stayed the arrest of the petitioners till the next date of listing and since the investigation has not been completed till date, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.

¶10

The petitioners shall file a certified copy of this order within two weeks' from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.

¶11

With the aforesaid direction, this petition is finally disposed of.

¶12

Learned AGA shall communicate this order to the concerned authorities concerned.

¶13

(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

¶14

Order Date :- 13.2.2018 Gaurav

Anwar @ Anwarul HUDA and 4 Ors. v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Anwar @ Anwarul HUDA and 4 Ors. v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Sanfeeta and 3 Ors. Vs State of U.P. and 3 Ors.

Netrapal Singh and 5 Others Vs State of U.P. and 2 Others

Malti Devi and Vs State of U.P. and 3 Others

Sapna and Another Vs State of U.P. and 2 Others

Hari Singh Vs C.B.I, a.C.B., Ghaziabad

Haneef and 10 Ors. Vs State of U.P. and 2 Ors.