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Smt. Ishrat And Another vs State Of U.P. And 2 Others on 9 April, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 17033 of 2019

Petitioner :- Smt. Ishrat And Another

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

Counsel for Petitioner :- Zafar Abbas

Counsel for Respondent :- G.A.,Jitendra 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.

This writ petition has been filed by the petitioners Smt. Ishrat and Smt. Asifa@Kashifa, with the prayer to quash the F. I. R. dated 13.6.2019 which has been registered as Case Crime No. 440 of 2019, under Sections 498A, 147, 323, 328, 307, 506 I.P.C., P.S.- Kotwali Ghaziabad, District- Ghaziabad, with a further prayer to stay the arrest of the petitioner(s) therein during the pendency of investigation.

It appears from the order dated 21.6.2019 passed by this Court that the matter was referred to the Mediation Centre of this Court for mediation being a matrimonial dispute and as per the report of the Mediation Centre dated 30.9.2019, mediation between the parties has failed.

From the perusal of the interim order dated 21.6.2019 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.

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.

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

The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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 :- 9.4.2020


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



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