Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30183 of 2018 Petitioner :- Neelam Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 07.10.2013 registered as case crime no. 3296 of 2013, u/s 420, 467, 468, 471 IPC, PS. Kotwali, District Bareilly.
Learned counsel for the petitioners submitted that investigation was carried out and final report was submitted in the matter but thereafter further investigation was ordered by the Magistrate which is still pending and has not been concluded.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence and submits that the petitioners are influential persons, therefore, final report has been submitted but he could not dispute the fact that further investigation is pending as is ordered by the Magistrate.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
However, we direct the Investigating Officer of the case to conclude the further investigation of the present case and submit the police report before the Magistrate concerned expeditiously preferably within a period of three weeks from the date of production of a certified copy of this order in accordance with law.
The S.P. Bareilly shall ensure the compliance of present order within the aforesaid period.
With the aforesaid order, the present petition stands disposed of.
Order Date :- 26.10.2018 SA