Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 18035 of 2017 Petitioner :- Amit Kumar And 6 Ors.
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Pranab Kumar Ganguli Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Pranab Kumar Ganguli, learned counsel for the petitioners, Sri Rajesh Kumar Mishra, holding brief of learned A. G. A. for the State and perused the F.I.R. as well as material brought on record.
As per office report dated 27.02.2018, notice has been issued to respondent No.4 by R.P.A.D. on 03.10.2017 but private respondent has not responded to the notice. The same is deemed sufficient.
This writ petition has been filed by the petitioners with the prayer to quash the F. I. R. dated 14.04.2017 has been registered as Case Crime No. 108 of 2017 under Sections 323, 504, 506, 498-A IPC & 3/4 D.P. Act, Police Station-Kapsethi, District Varanasi.
From the perusal of the interim order dated 05.09.2017 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.
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 concerned authorities concerned.
.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 28.2.2018 Pr/-