Disposed

Ashish Mishra and 4 Others v. State of U.P. and 2 Others

Allahabad HC13 Mar 2018CRLP/17978/2017

Case brief

AI extract

What is this about?

The Court stayed the arrest of petitioners in a matrimonial FIR involving sections 498-A IPC and D.P. Act pending completion of investigation and submission of police report under Section 173 Cr.P.C., directing authorities to conclude inquiry within six weeks.

What did the court decide?

Stay of arrest of petitioners pending submission of police report under Section 173 Cr.P.C.; direction to complete investigation within six weeks.

Ashish Mishra and 4 Others Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2018)

¶1

Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 17978 of 2017

¶2

Petitioner :- Ashish Mishra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Mohan Pandey Counsel for Respondent :- G.A.,Sanjay Kumar Dwivedi

¶3

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

¶4

Heard Sri Anand Mohan Pandey, learned counsel for the petitioners, Sri Gyanendra Kumar, Advocate holding brief of Sri Sanjay Kumar Dwivedi, learned counsel for the private respondent, Sri Rajesh Kumar Mishra, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.

¶5

This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 10.08.2017 which has been registered as Case Crime No. 365 of 2017, under sections 313, 498-A, 323, 504 I.P.C. and 3/4 of D.P. Act, police station George Town, District Allahabad.

¶6

As per report of mediation centre dated 21.12.2017 no settlement has been arrived at between the parties, hence the mediation has failed.

¶7

From the perusal of the interim order dated 04.09.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioners till submission of police report under Section 173 (2) Cr.P.C. 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.

¶8

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.

¶9

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

¶10

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

¶11

Order Date :- 13.3.2018/A.K.Verma

¶12

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

Ashish Mishra and 4 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Mishra and 4 Others v. State of U.P. and 2 Others

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. Kanchan and Anr. Vs State of U.P. and 4 Others

Arjun Vishwakarma and Another Vs State of U.P. and 3 Others

Nitin Kumar and 2 Ors. Vs State of U.P. and 2 Ors.

Smt. Saroj and 6 Ors. Vs State of U.P. and 3 Ors.

Rahul Vardhan Dinesh and 3 Ors. Vs State of U.P. and 2 Ors.

Sani and 5 Others Vs State of U.P. and 2 Others