Disposed

Kamlesh Patel and Doctor and Another v. State of U.P. and 3 Others

Allahabad HC16 Aug 2018CRLP/14083/2018

Case brief

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What is this about?

The Court disposed of a writ petition seeking quashing of an FIR and stayed the arrest of the petitioners until the submission of the police report under Section 173(2) CrPC, directing the police to complete investigation within six weeks.

What did the court decide?

Stay on arrest of petitioners until submission of police report under Section 173(2) Cr.P.C.

Kamlesh Patel and Doctor and Another Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14083 of 2018

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Petitioner :- Kamlesh Patel And Doctor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushal Kumar Ojha,Shri Ram Pandey Counsel for Respondent :- G.A.,Ashish Kumar Dubey,Rajesh Chandra Dwivedi

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Sri Raj Kumar, Advocate has filed his power on behalf of petitioners and stated that he has taken no objection from earlier counsel, Sri Shri Ram Pandey, learned counsel for the petitioners.

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Heard Sri V.P. Srivastava, Sri T.P. Singh, learned Senior Advocates assisted by Sri Rajesh Chandra Dwivedi, learned counsel for the respondent No.4, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 03.05.2018 which has been registered as Case Crime No. 0186 of 2018 under Sections 419, 420, 467, 468, 471, 406 and 506 I.P.C., P.S. Cantt, District Allahabad.

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Learned counsel for the petitioner states that though the petitioner has deposited Rs. 50,00,000/- in compliance of the Court's order dated 29.05.2018 but Mediation between the parties failed.

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From the perusal of the interim order dated 29.05.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioners, 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.

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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.

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

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Learned AGA shall communicate this order to the authorities concerned.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 16.8.2018/A. Mandhani

Kamlesh Patel and Doctor and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamlesh Patel and Doctor and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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