The court disposed of a writ petition filing to quash an F.I.R. The court stayed the arrest of the petitioners and directed the police to complete the investigation within six weeks.
Stay on the arrest of petitioners until submission of police report; investigation to be completed within six weeks.
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. - 22847 of 2018
Petitioner :- Jai Narayan And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Saran Counsel for Respondent :- G.A.,Aishwarya Pratap Singh
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinay Saran, learned counsel for the petitioners, Sri I.K. Chaturvedi holding brief of Sri Aishwarya Pratap Singh, learned counsel for the private respondent, Sri Deepak Mishra, learned A.G.A. 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 4.08.2018 which has been registered as Case Crime No. 230 of 2018 under Sections 147, 148, 149, 323, 364 and 307 I.P.C P.S. Kotwali Nagar, District Hamirpur.
Learned counsel for the petitioners submitted that the petitioner No. 1 contested an election against respondent No.4 of Pradhan and respondent No.3 is a daughter of the respondent No.4 and lodged the present F.I.R. for abduction of respondent No.4 and it is stated that respondent No.4 is living with respondent No. 3. So far as injury under Section 307 I.P.C. is concerned, medical examination report has been produced by the private respondent from the perusal of which it is apparent that except injury No.1, other injuries are simple in nature. In spite of the time being granted to produce the x-ray report, the same has not been produced till now.
Learned counsel for the private respondent disputed the fact that petitioner No.1 had contested an election of Pradhan.
From the perusal of the interim order dated 21.08.2018 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 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 authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 28.8.2018 A. Mandhani
2 issues framed by the court
Whether to quash the F.I.R. lodged for alleged abduction and attempted murder.
Whether to grant interim stay on the arrest of the petitioners and timeframe for conclusion of investigation.
1 provisions across 1 enactments
Jai Narayan And 2 Others
State Of U.P. And 3 Others
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
