A coordinate Bench disposed of this writ petition by staying the arrest of petitioners until the police submit their report under Section 173(2) Cr.P.C., directing expedition of the investigation.
Stay of arrest until submission of police report under Section 173(2) Cr.P.C.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 17774 of 2019
Petitioner :- Sanju Yadav And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J .
Heard Sri A.K. Chaurasia, 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 28.05.2019 which has been registered as Case Crime No. 0237 of 2019 under sections 363, 366 I.P.C., police station Firozabad South, District Firozabad.
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
2 issues framed by the court
Whether to quash the F.I.R. under sections 363, 366 I.P.C. or grant an interim stay on arrest pending investigation.
Whether the police must complete the investigation under Section 173(2) Cr.P.C. before the arrest of petitioners can be ordered.
1 provisions across 1 enactments
Sanju Yadav And 6 Others
State Of U.P. And 2 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
