Dismissed

Riyajuddin @ Mohammad Riyaj and 6 Ors. v. State of U.P. and 2 Ors.

Allahabad HC4 Apr 2018CRLP/15326/2017

Case brief

AI extract

What is this about?

The Court disposed of a criminal miscellaneous writ petition seeking quashing of an FIR in a matrimonial dispute. After noting the failure of mediation, the Court granted a stay on arrest until the police submits the final report under Section 173(2) Cr.P.C. and directed the police to complete investigation expeditiously within six weeks. The petition was finally disposed with this interim directi

What did the court decide?

No arrest of petitioners till submission of police report under Section 173(2) Cr.P.C.; Investigation to be completed within six weeks.

Riyajuddin @ Mohammad Riyaj and 6 Ors. Vs State of U.P… — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15326 of 2017

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Petitioner :- Riyajuddin @ Mohammad Riyaj And 6 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.,Vikrant Gupta

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

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Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioners, Sri Asheesh Pandey, 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 for quashing the impugned FIR dated 15.7.2017 registered as case crime no. 483 of 2017, under Sections 323, 377, 354, 307 IPC and Section 3/4 D.P. Act, P.S. Tanda, District Rampur.

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The matter being matrimonial in nature was sent to Mediation Centre by another Bench of this Court vide order dated 4.8.2017. From a perusal of the report of Mediation Centre dated 28.9.2017/28.10.2017, the parties had not appeared before the Mediation Centre for mediation and the mediation process between the parties has failed.

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From the perusal of the interim order dated 4.8.2017 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 concerned authorities concerned.

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(D.K. Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 4.4.2018 A.P. Pandey

Riyajuddin @ Mohammad Riyaj and 6 Ors. v. State of U.P. and 2 Ors.

Case brief

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What did the court decide?

Riyajuddin @ Mohammad Riyaj and 6 Ors. v. State of U.P. and 2 Ors.

Case brief

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What did the court decide?

What the court decided

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