HIGH COURT OF JUDICATURE AT ALLAHABAD
?In Chamber
Case :- CRIMINAL MISC. WRIT PETITION No. – 17154 of 2019
Petitioner :- Smt. Kamlawati Devi And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Pravesh Yadav
Counsel for Respondent :- G.A.
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. Kamlawati Devi and Smt. Mamta Singh with the prayer to quash the F.I.R. dated 04.06.2019 which has been registered as Case Crime No. 206 of 2019, under Sections 498A, 323, 506, 406 I.P.C., P.S. Gorakhnath, District Gorakhpur with a further prayer to stay the arrest of the petitioners therein during the pendency of investigation.
From the order dated 21.06.2019 passed by this Court that the matter was referred to the Mediation Centre being matrimonial dispute between the parties and as per report of the Mediation Centre dated 16.12.2019 the mediation between the parties have failed.
From the perusal of the interim order dated 21.06.2019 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 :- 9.4.2020
AS Rathore
(Samit Gopal, J.) (Ramesh Sinha, J.)
