Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 29156 of 2018 Petitioner :- Shivshankar Sahu @ Golu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Sen Gupta Counsel for Respondent :- G.A.,Ashok Kumar Singh,Pratibha Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners Shri Arvind Sen Gupta, 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 a prayer to :-
(a) Issue a writ, order or direction in the nature of certiorari to quash the F.I.R. dated 02.05.2018 registered as Case Crime No. 0213 of 2018, under Section 419, 420, 498A, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station - Line Bazar, District - Jaunpur.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in Case Crime No. 0213 of 2018, under Section 419, 420, 498A, 506 of I.P.C. and Section 3/4 of D.P. Act, Police Station - Line Bazar, District - Jaunpur.
It appears that on 11.10.2018, a Co-ordinate Bench of this Court has send the matter to mediation centre. As per the mediation report dated 19.12.2018, the money has not been deposited by the petitioners in compliance of this Court's order dated 11.10.2018 and thus, the mediation between the parties has failed.
From the perusal of the interim order dated 11.10.2018 passed by this Court it appears that this Court had granted interim protection to the petitioners 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 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.)