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Aslam Khan And 4 Others vs State Of U.P. And 2 Others on 10 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 21853 of 2019

Petitioner :- Aslam Khan And 4 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Vidya Sagar Dwivedi,Sunil Kumar Dwivedi

Counsel for Respondent :- G.A.,Rajeev Kumar Rai

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.

This writ petition has been filed by the petitioners, Aslam Khan, Surajman @ Suraj Bhan, Smt. Shakeela Bano, Monika and Shajahan with the prayer to quash the F. I. R. dated 28.07.2019 which has been registered as Case Crime No. 0090 of 2019, under Sections 498A, 323, 406, 354, 376, 377, 511 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar with a further prayer to stay the arrest of the petitioner(s) therein during the pendency of investigation.

It transpires from the order dated 27.09.2019 passed by this Court, the matter being matrimonial dispute in nature was referred to Mediation Centre and as per the report of the Medication Centre dated 06.01.2020 the mediation between the parties have failed.

From the perusal of the interim order dated 27.09.2019 passed by this Court it appears that this Court had stayed the arrest of the petitioners 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 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 :- 10.4.2020

AS Rathore

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

 

 

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