Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 30323 of 2018 Petitioner :- Rajnish Sharma @ Rajnish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
As per the office report dated 27.11.2019, though notice is said to have been sent to respondent no.3 but he has not responded to the said notice, hence, service of notice upon him is deemed to be sufficient.
Heard Sri V.P.Singh, learned counsel for the petitioner, 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 the prayer to quash the F. I. R. dated 25.9.2018 which has been registered as Case Crime No.979 of 2018, under Sections 420, 430, 431, 432 I.P.C. and Section 3 & 4 The Prevention of Damage to Public Property Act, 1984, P..S.Soorajpur, District Gautam Budh Nagar.
From the perusal of the interim order dated 26.10.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioner 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 petitioner 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.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019/NS