Disposed

Jay Shankar Pandey and 2 Others v. State of U.P. and 2 Others

Allahabad HC20 Mar 2018CRLP/5157/2018

Case brief

AI extract

What is this about?

Writ petition for quashing an FIR under sections 498-A, 306 IPC, alleging accidental death was disposed of. The court stayed the petitioners' arrest until the police submit their report under Section 173(2) CrPC, directing completion of investigation within six weeks.

What did the court decide?

Stay on arrest of petitioners until submission of the police report under Section 173(2) CrPC; direction to complete investigation within six weeks.

Jay Shankar Pandey and 2 Others Vs State of U.P. and 2… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5157 of 2018

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Petitioner :- Jay Shankar Pandey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Certified copy of the dying declaration has been filed today is taken on record.

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Heard Shri Prakash Dwivedi, learned counsel for the petitioners, Sri Rajesh Kumar Mishra, learned A. G. A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 04.02.2018 which has been registered as Case Crime No. 0036 of 2018, under sections 498-A, 323, 306 I.P.C., police station Chilh, District Mirzapur.

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As per dying declaration, it is apparent that there was a dispute between the Devar and Devrani of the deceased on account of which the deceased who was cooking food in the house received burn injures in an accidental fire. Further it appears, no allegation is levelled against the petitioners.

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From the perusal of the interim order dated 28.02.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioners till submission of police report under Section 173 (2) Cr.P.C. and since the investigation has not been completed till date , 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.

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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.

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With the aforesaid direction, this petition is finally disposed of.

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Learned AGA shall communicate this order to the concerned authorities concerned.

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(Krishna Pratap Singh,J.) (Ramesh Sinha,J.)

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Order Date :- 20.3.2018 A.K.Verma

Jay Shankar Pandey and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Jay Shankar Pandey and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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