Savita Sharma vs State Of U.P. And 4 Others
2019 Latest Caselaw 5883 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 18727 of 2019
 
Petitioner :- Savita Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anil Kumar Rai,Durgesh Kumar Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri Durgesh Kumar Singh, learned counsel for the petitioner, Sri G.P.Singh learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

This petition has been filed by the petitioner with a prayer directing the respondent No.2, Station House Officer, Police Station Kasna, District Gautam Budh Nagar to conclude the investigation of Case Crime No.57 of 2017, under Sections 420, 406 & 506 I.P.C., Police Station Kasna, District Gautam Budh Nagar and take appropriate coercive action against respondent nos. 3 to 5.

Learned counsel for the petitioner submits that the petitioner is complainant of the case and she lodged an FIR against the respondent nos. 3 to 5 for the offence in question, which was challenged by respondent nos. 3 to 5 before this Court by means of filing Crl. Misc. Writ Petition No.3643 of 2017 (Rajeev Arora Vs. State of U.P. and others), in which their arrest has been stayed by this Court vide order dated 8.3.2017 subject to the condition that respondent nos. 3 to 5 shall return the money money to the complainant, i.e. petitioner, copy of the said order is annexed at pages-21 of the writ petition, but the respondent nos.3 to 5 have failed to comply with the conditions imposed on them by this Court while granting the interim protection. Thereafter, a recall application was moved by the petitioner which was allowed by this Court vide order dated 12.3.2018, copy of which is annexed at page-25 of the writ petition. But as the respondent nos. 3 to 5 have not refunded the money and after passing the order dated 12.3.2018, police is not proceedings against them and not concluding the investigation.

Considering the facts and circumstances of the case and submissions advanced by learned counsel for the parties, we direct the Investigating Officer of the present case to conclude the investigation of the present case and submit a police report before the Magistrate concerned expeditiously preferably within a period of three months from the date of production of a certified copy of this order.

It is further directed that the S.S.P. concerned shall supervise the investigation and ensure that the same is completed speedly without any undue delay.

With the above directions this petition is finally disposed of.

(Raj Beer Singh, J.) (Ramesh Sinha, J.)

Order Date :- 9.7.2019/NS