Court disposed of a writ petition seeking quashing of an FIR. It directed that petitioners not be arrested until the submission of the police report under Section 173(2) CrPC and ordered expeditious investigation, completion within six weeks.
Stay of arrest pending submission of police report under Section 173(2) CrPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22660 of 2017
Petitioner :- Jagmohan Singh (H.C.P) And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satya Prakash Pandey, learned counsel for the petitioners, Sri Irshad Hussain, learned brief holder for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 2.9.2016 registered as Case Crime No. 406 of 2016, under Sections 409 IPC, P.S. Bharthana, District Etawah.
From the perusal of the interim order dated 25.10.2017 passed by 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.
The petitioners shall file a certified copy of this order within two weeks from today before the SSP/SP 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 2.8.2018 A.P. Pandey
1 issue framed by the court
Whether FIR under Sections 409 IPC should be quashed based on submission of police report.
Jagmohan Singh
Another
State Of U.P.
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
