Criminal Misc. Writ Petition filed to quash an FIR under various IPC sections. Mediation failed. Bench stayed arrest and directed investigation completion.
Stayed arrest until submission of police report under Section 173(2) Cr.P.C.; investigation completed within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 18984 of 2018
Petitioner :- Ishrar And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.,Chandrajeet
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioners, Sri Chandrajeet, learned counsel for the private respondent, Sri Gaurav Pratap Singh, learned brief holder 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 28.06.2018 which has been registered as Case Crime No. 0256 of 2018 under Sections 323, 376, 307, 504 and 506 I.P.C., P.S. Saroorpur, District Meeurt.
Learned counsel for the petitioner states that mediation between the parties failed.
From the perusal of the interim order dated 18.07.2018 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.
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.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 13.8.2018 A. Mandhani
1 issue framed by the court
Whether the FIR dated 28.06.2018 registered under Sections 323, 376, 307, 504 and 506 IPC should be quashed given failed mediation.
Ishrar And 5 Others
State Of U.P. And 4 Others
Dinesh Kumar Singh-I
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
