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Ajay Kumar And 4 Others vs State Of U.P. And 3 Others on 8 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

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In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 326 of 2020

Petitioner :- Ajay Kumar And 4 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Jitendra Prakash,Arvind Kumar Singh

Counsel for Respondent :- G.A.,Adesh Kumar

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon’ble The Chief Justice which is available on the official website of this Court.

It appears from the cause list that Sri. Adesh Kumar has filed his appearance on behalf of respondent no. 4. Office is directed to restore the vakalatnama of Sri Adesh Kumar and put the same on record.

This writ petition has been filed by the petitioners, Ajay Kumar, Shankar Lal, Smt. Prem Lata, Vijay Kumar Ravi and Smt. Rashmi Lata with the prayer to quash the F.I.R dated 13.12.2019 which has been registered as Case Crime No. 435 of 2019, under Sections 498A, 323, 506, 406, 313, 328, 376 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, District Prayagraj with a further prayer to stay the arrest of the petitioners therein during the pendency of investigation.

From the perusal of the interim order dated 10.01.2020 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. or till the next date of listing, whichever is earlier 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.

With the aforesaid direction, this petition is finally disposed of.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad within three weeks’ from today by the fastest mode of service before the SP/SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within three months from the date of production of certified copy of this order, if already not concluded.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self-attested by the petitioner (s).

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 8.4.2020

AS Rathore

(Samit Gopal, J.) (Ramesh Sinha, J.)

 

 

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