The Court ordered the refund of deposited mediation charges to the petitioner and granted stay of arrest pending the police report under Section 173(2) CrPC, directing investigation within six weeks.
Refund of deposit to petitioner minus mediation charges; stay of arrest pending police report; expeditious investigation under six weeks.
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Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 14228 of 2017
Petitioner :- Shiv Kumar Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- G.A.,Vinod Kumar Shukla
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vijay Kumar Dwivedi, learned counsel for the petitioner, Sri Vikas Sahai, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 5.3.2017 registered as Case Crime No. 171 of 2017, under Sections 323, 504, 354 and 377 IPC, P.S. Dehli Gate, District Aligarh.
Learned counsel for the petitioner submitted that he has deposited the amount at the Mediation Centre of Allahabad High Court in compliance of the court's order dated 25.7.2017, but private respondent did not appear and now the said amount needs to be refunded.
Office is directed to return the amount deposited at the Mediation Centre of Allahabad High Court to the petitioner after deducting the charges of the Mediation Centre.
From the perusal of the interim order dated 25.7.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioner, 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.
The petitioner shall file a certified copy of this order within two weeks from today before the SSP/SP 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.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the concerned authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 10.4.2018/A.P. Pandey
2 issues framed by the court
Whether the deposited sum needs to be refunded to the petitioner after the mediation centre deducts its charges.
Whether the petitioner should remain on interim bail pending the submission of the police report under Section 173(2) Cr.P.C.
5 provisions across 2 enactments
Shiv Kumar
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
