Ashish Kumar Srivastava vs State Of U.P. And 2 Others
2015 Latest Caselaw 5259 ALL

Citation : 2015 Latest Caselaw 5259 ALL
Judgement Date : 9 December, 2015

Allahabad High Court

Ashish Kumar Srivastava vs State Of U.P. And 2 Others on 9 December, 2015

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15340 of 2015
 

 
Petitioner :- Ashish Kumar Srivastava
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Manish Kumar Nigam
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioner and learned A.G.A.

This petition has been filed by the petitioner with a prayer to quash the FIR of case crime No.0358 of 2015, under sections 406, 420, 504, 506 I.P.C., Police Station Cantt, District Gorakhpur. After going through the impugned F.I.R., we are not inclined to quash the same.

However, from the perusal of the interim order dated 2.7.2015 passed by this Court it appears that this Court had stayed the arrest of the petitioner till submission of the police report under Section 173(2) Cr.P.C. and since the investigation has not been completed till date, we dispose of the writ petition with the direction that the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C.

The petitioner shall file a certified copy of this order within two weeks from today before the SP/SSP, Gorakhpur, who shall look into the matter and ensure that 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.

Order Date :- 9.12.2015