The High Court granted a stay on the arrest of the petitioners and directed cooperation with the investigation until the police filed the report under Section 173(2) Cr.P.C., then disposed of the petition.
Stay of arrest until submission of police report under Section 173(2) Cr.P.C. with direction to cooperate in investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2223 of 2018
Petitioner :- Sarika Sharma And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sachindra Mohan Counsel for Respondent :- G.A.,Raghubir Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sachindra Mohan, learned counsel for the petitioners, Sri Asheesh Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 10.12.2017 registered as case crime no. 1352 of 2017, under sections 406, 420, 467, 468, 471 I.P.C., police station Tejganj, District Agra.
Learned A.G.A. opposed the prayer for quashing.
From the perusal of the interim order dated 31.1.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioners.
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.
With the above direction this petition is finally disposed of.
(D.K. Singh-I, J.) (Ramesh Sinha, J.)
Order Date :- 4.4.2018 A.P. Pandey
1 issue framed by the court
Whether to grant stay of arrest and discharge petitioners in a criminal case pending investigation.
Sarika Sharma And 2 Others
State Of U.P. And 2 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
