Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4336 of 2018 Petitioner :- Madhu Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Laxmi Kant Bhatt Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.N. Singh, learned counsel for the petitioners, Sri Vikas Sahai, 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 20.1.2018 which has been registered as Case Crime No. 41 of 2018 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Modi Nagar, District Ghaziabad.
Learned A.G.A. states that as per instructions received by him, the dying declaration which has been annexed with the present petition as annexure- 2 is found to be genuine one.
From the perusal of the interim order dated 21.2.2018 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 :- 26.2.2018 Shiraz