Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26979 of 2018 Petitioner :- Kranti Priya Gautam Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Lal Mani Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner Shri Lal Mani 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 petitioner with a prayer to :-
(a) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 06.05.2018 registered as Case Crime No. 0190 of 2018, under Sections 498A, 323, 504, 506, 307 of I.P.C. and Section 3/4 of D.P. Act, Police Station - Nawabad, District - Jhansi.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in Case Crime No. 0190 of 2018, under Sections 498A, 323, 504, 506, 307 of I.P.C. and Section 3/4 of D.P. Act, Police Station - Nawabad, District - Jhansi.
It appears that on 26.09.2018, a Co-ordinate Bench of this Court has send the matter to mediation centre. As per the mediation report dated 15.02.2019, the mediation between the parties has failed.
From the perusal of the interim order dated 26.09.2018 passed by this Court it appears that this Court had granted interim protection to the petitioner and since the investigation has not been completed till date, we dispose of this writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C.
The petitioner shall file a certified copy of this order within two weeks' from today before the S.S.P. 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.
Order Date :- 27.11.2019 I. Batabyal (Ajit Kumar, J.) (Ramesh Sinha, J.)