Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 28200 of 2017 Petitioner :- Davinder @ Devendra Sharma And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pavan Kumar,Pankaj Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pankaj Kumar, learned counsel for the petitioner, Sri Dilip Kumar, learned counsel for the private respondent and Sri Deepak Mishra, learned A.G.A. for the State.
The present writ petition has been filed with a prayer to quash the impugned F.I.R. dated 21.4.2017, registered as Case Crime No. 84 of 2017, under Sections 406, 420, 467, 468, 471, 504 and 506 IPC, P.S. Babina, District Jhansi.
Learned counsel for the petitioner states that though the matter was referred to the mediation centre and the parties had appeared but mediation between the parties was unsuccessful, counsel for the petitioner states that the amount which has been deposited by the petitioner in compliance of the court's order dated 19.12.2017 may be directed to be refunded to him.
From the perusal of the interim order dated 19.12.2017 passed by this Court it appears that this Court had stayed the arrest of the petitioners, 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/SP 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.
We further direct that the amount, which has been deposited by the petitioner at the mediation centre, shall be refunded to him after deducting the charge of the mediation centre, if any.
With the aforesaid direction, this petition is finally disposed of.
Learned AGA shall communicate this order to the concerned authorities concerned.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018/A.P. Pandey