Coordinate bench of this Court had stayed the arrest of petitioners pending submission of police report. The Court disposed of the writ petition by reiterating the stay on arrest until the investigation is completed under Section 173(2) Cr.P.C.
Stay on arrest of petitioners till submission of police report under Section 173(2) Cr.P.C.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17769 of 2019
Petitioner :- Poonam And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghuraj Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Short counter affidavit filed in Court today, is taken on record.
Heard Sri Raghuraj Singh, learned counsel for the petitioners, Sri G.P. Singh, 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 05.06.2019 which has been registered as Case Crime No. 0134 of 2019 under section 366 I.P.C., police station Bela, District Auraiya.
From perusal of the interim order dated 27.06.2019 passed by a coordinate Bench of 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.
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.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 2.8.2019 Anand
1 issue framed by the court
Whether the FIR registered under Section 366 IPC should be quashed in the absence of completed investigation.
2 provisions across 2 enactments
Poonam And 2 Others
State Of U.P. And 3 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
