This discretion-based criminal miscellaneous writ petition was disposed of with a direction to stay the petitioner's arrest until the police submits the report under Section 173(2) Cr.P.C.
Direction that the petitioner shall not be arrested till the submission of the police report under Section 173(2) Cr.P.C.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2358 of 2018
Petitioner :- Mohd Umar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amit Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Counter affidavit has been filed by learned A.G.A. for the State on behalf of Investigating Officer and the same is taken on record.
Heard Sri Amit Kumar Verma, learned counsel for the petitioner and Sri Deepak Mishra, learned 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 petitioner with the prayer to quash the F. I. R. dated 19.11.2017 which has been registered as Case Crime No. 418 of 2017, Under Section 3 (1) Gangster Act, 1986, Police Station-Dilari, District-Moradabad.
From the perusal of the interim order dated 01.02.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioner, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P. C.
The petitioner 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.
Learned AGA shall communicate this order to the authorities concerned.
With the aforesaid direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.7.2018 JK Yadav
2 provisions across 2 enactments
Mohd Umar
State Of U.P.
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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