Disposed

Dev Sharan Yadav v. State of U.P. and 3 Others

Allahabad HC9 Aug 2018CRLP/20710/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the High Court stayed the arrest of the petitioner in a murder case pending submission of the police report under Section 173(2) Cr.P.C. while directing cooperation with the investigation.

What did the court decide?

Stay granted on arrest of the petitioner till submission of the police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Dev Sharan Yadav Vs State of U.P. and 3 Others — Bail and Remand | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 20710 of 2018

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Petitioner :- Dev Sharan Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhanraj Singh Yadav Counsel for Respondent :- G.A.

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

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Heard Sri Dhanraj Singh Yadav, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A. for the State and perused the record.

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The present writ petition has been filed with a prayer to quash the impugned F.I.R. dated 25.11.2017 registered as Case Crime No. 404 of 2017, under Sections 302, 201 and 120-B IPC, P.S. Pahadi, District Chitrakoot.

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Learned counsel for the petitioner has drawn the attention of the court towards the order passed by this Court in Writ Petition No. 735 of 2018, which was disposed of by this Court on 2.4.2018, thereafter a modification application was moved by Ram Sajeevan Yadav in the said writ petition and order thereon was passed on 9.7.2018, which is quoted herein below:-

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" Order on Criminal Misc. Modification Application No. 4 of 2018

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Sri Dhanraj Singh Yadav, learned counsel for the petitioner and Sri Gaurav Pratap Singh, learned brief holder for the State are present.

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Learned A.G.A. shall file personal affidavit of S.P., Chitrakoot stating therein as to why the investigation has not been carried out as ordered by this Court vide order dated 2.04.2018 as it is stated that S.P. has not ensured the conclusion of investigation.

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Copy of the order shall be provided to learned A.G.A. for compliance.

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List the matter in the next cause list."

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In pursuance of above order, learned A.G.A. has filed an affidavit of S.P., Chitrakoot and paragraph no. 8 of the said affidavit, transpires that statement of one Monu @ Ranjeet s/o

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Kali dutt was recorded u/s 164 Cr.P.C. on 19.4.2018 before the learned Judicial Magistrate-I, Chitrakoot, who happens to be Bhanja of the accused Ghanshyam Prasad Mishra. It further transpires from the said statement of the Monu @ Ranjeet that he had named two accused persons, one out of which is Shiv Mangal Chamar, who has died on 4.4.2018 and the other accused Shiv Prasad @ Shiv Prakash, who was arrested on 21.5.2018 and has been enlarged on bail by the Sessions Court as has been pointed out by the learned counsel for the petitioner.

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Learned counsel for the petitioner further states that the third accused is petitioner, who is the informant of the case namelyDev Sharan Yadav, he is stated to be absconding. He further submitted that police is not conducting the investigation in a fair manner and has made the present petitioner also an accused in the present case on the basis of the statement of Monu @ Ranjeet who is the Bhanja of the accused Ghanshyam Prasad Mishra, who is also an accused in the F.I.R. lodged by the petitioner, hence he has come up before this Court by filing the present petitioner for staying of his arrest in pursuance of the present F.I.R.

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Learned A.G.A. has though opposed the prayer for staying of the arrest of the petitioner stating that the petitioner's involvement has also been found during the course of investigation but he could not dispute the fact that the statement of the witness namely Monu @ Ranjeet, who happens to be Bhanja of Ghanshyam Prasad Mishra against whom, the petitioner himself has lodged an FIR and the co-accused Shiv Prasad Mishra have already been granted bail.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.

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With the above direction this petition is finally disposed of.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 9.8.2018 A.P. Pandey

Dev Sharan Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dev Sharan Yadav v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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