Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 2633 of 2017 Petitioner :- Vishal Srivastava @ Vishal Pradeep Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Srivastava,Udai Karan Saxena Counsel for Respondent :- G.A.,Adarsh Bhushan,Arpan Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
A short counter affidavit filed today is taken on record.
Heard Sri S.N.Pandey, Advocate holding brief of Sri Abhishek Srivastava, learned counsel for the petitioners, Sri Adharsh Bhushan, Advocate assisted by Sri Arpan Srivastava, learned counsel for the complainant, Sri Ashish Pandey, 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 24.11.2016 in case crime no. 0186 of 2016, undere Section 498A, 323, 504,506,420,494 IPC, P.S. Mahila Thana, Gautam Buddha Nagar. .
From the perusal of the interim order dated 16.2.2017 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.
(Mrs. Rekha Dixit, J.) (Ramesh Sinha,J.) Order Date :- 19.4.2017 Sanjeev