Partly allowed

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

Allahabad HC15 Mar 2018CRLP/20278/2017

Case brief

AI extract

What is this about?

Petitioners filed a writ petition to quash an FIR in a matrimonial dispute after mediation failed. The court stayed the arrest of petitioners until the police submit the report under Section 173(2) Cr.P.C. and directed expeditious investigation within six weeks.

What did the court decide?

Petitioners' arrest stayed until police file report under Section 173(2) Cr.P.C. Investigation mandated to be completed expeditiously within six weeks.

Ashish Kumar Mishra Alias Gillu and 4 Others Vs… — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 20278 of 2017 Petitioner :- Ashish Kumar Mishra Alias Gillu & 4 Others Respondent :- State Of U.P. & 2 Others Counsel for Petitioner :- Ashok Nath Tripathi,Rakesh Nath Tripathi Counsel for Respondent :- G.A.,Gyanendra Kumar Singh

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

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Heard Sri A.N.Tripathi, learned counsel for the petitioners, Sri G.K.Singh, learned counsel for respondent no.3, Sri Vikas Sahai, learned A. G. A. for the State and perused the impugned FIR 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 FIR dated 31.8.2017 registered as Case Crime No.578 of 2017, under Sections 498A, 323, 504, 506, 406, 354(A), 377, 313, 509 I.P.C. and 3/4 D.P. Act, Police Station Chaubepur, DistrictVaranasi.

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The matter being matrimonial in nature was refereed to the Mediation and Conciliation Centre of this Court vide order dated 29.9.,2017, but from a perusal of the report of the Mediation and Conciliation Centre dated 5.2.2018 which is available on record, it is evident that the mediation between the parties has failed.

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From the perusal of the interim order dated 20.9.2017 passed by Coordinate Bench of 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 SP/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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(Krishna Pratap Singh,J.) (Ramesh Sinha, J.) Order Date :- 15.3.2018/NS

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

Case brief

What is this about?

What did the court decide?

Ashish Kumar Mishra Alias Gillu 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

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