Court stayed arrest of petitioners and disposed of quashing petition directing expedited police investigation and Senate submission of report under Section 173 (2) CrPC.
Stay of arrest; direction to file certified copy before SSP for expeditious investigation within six weeks.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 21431 of 2017 Petitioner :- Shivam Respondent :- State Of U.P. And 2 Othrs. Counsel for Petitioner :- Preet Pal Singh Rathore,Neelam Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Preet Pal Singh Rathore, learned counsel for the petitioners and Sri Rajesh Kumar Mishra, learned AGA for the State.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 26.09.2017 registered as case crime no. 482 of 2017 under sections 363, 366 IPC and 8 POCSO Act, Police Station Rura, District Rampur.
From the perusal of the interim order dated 09.10.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioners till further order, 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 concerned authorities concerned.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 19.3.2018/VKG
1 issue framed by the court
Whether the quashable criminal proceedings under sections 363, 366 IPC and 8 POCSO Act should be stayed pending submission of police report?
3 provisions across 3 enactments
Shivam
State Of U.P.
2 Othrs.
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
