Disposed

Mukesh and Another v. State of U.P. and 3 Others

Allahabad HC13 Mar 2018CRLP/20753/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking quashing of an FIR. After noting that an interim order had already stayed arrest pending the police report, it directed no arrest until the Section 173 report is filed and ordered expeditious investigation. The petition was finally disposed with a stay on arrest.

What did the court decide?

Direction not to arrest petitioners till police report under Section 173(2) Cr.P.C. is filed.

Mukesh and Another Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 20753 of 2017

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Petitioner :- Mukesh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Misra Counsel for Respondent :- G.A.,Dinesh Kumar Verma

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

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Heard Ms. Anita Singh, Advocate holding brief of Sri Dinesh Kumar Misra, learned counsel for the petitioners Sri Vikas Sahai, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record. Sri Dinesh Kumar Verma, learned counsel for the private respondent is not present though the matter is called out in the revised list.

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This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 01.09.2017 which has been registered as Case Crime No. 0564 of 2017, under sections 363, 366, 504, 506 I.P.C., police station Friends Colony, District Etawah.

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It is submitted by learned counsel for the petitioners that the younger brother of the petitioners namely Satya Prakash has already married with the victim and they are living together. The present FIR was registered against the petitioners only to harass them on account of that the younger brother involved in this case.

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From the perusal of the interim order dated 03.10.2017 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.

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

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Order Date :- 13.3.2018 A.K.Verma

Mukesh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Mukesh and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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