Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 28114 of 2018 Petitioner :- Sulendra Alias Surendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harbansh Prasad Pandey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Seen the office report dated 29.10.2018.
Service on respondent no. 3 is deemed to be sufficient in view of the provision of Chapter VIII, Rule 12 Explanation (II) of the Allahabad High Court Rules.
Heard learned counsel for the petitioner and learned A.G.A. for the respondent nos. 1 and 2.
None appears on behalf of the respondent no. 3.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 27.08.2018 registered as Case Crime No. 548 of 2018, under Sections 452, 354, 323, 504, 506 I.P.C. and 7/8 of the Protection of Children from Sexual Offences Act, 2012, P.S.- Tanda, District- Rampur.
After going through the impugned F.I.R., we are not inclined to quash the same.
However, record shows that following interim order was passed by this Court in this case on 08.10.2018 :-
"Heard Sri Harbansh Prasad Pandey, learned counsel for the petitioner and Sri P.S. Jadaun, learned A.G.A. who has accepted notice on behalf of respondent nos. 1 and 2.
Issue notice to respondent no. 3 returnable within two weeks.
Learned counsel for the petitioner to take steps in respect of respondent no.3 meanwhile.
List on 30.10.2018.
Till the next date of listing, no coercive steps be taken against the petitioner in Case Crime No. 548 of 2018, under Sections 452, 354, 323, 504, 506 IPC and 7/8 of the Protection of Children from Sexual Offences Act, 2012, Police Station Tanda, District Rampur."
From the perusal of the interim order dated 08.10.2018 passed by this Court, it appears that this Court had stayed the arrest of the petitioner till the next date of listing 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 u/s 173 (2) Cr.P.C.
The petitioner shall file a certified copy of this order within three 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.
Order Date :- 30.10.2018/KS