Sh. Durgesh Rao vs State Of U.P. And 2 Others
2021 Latest Caselaw 4572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 17652 of 2020
 

 
Petitioner :- Sh. Durgesh Rao
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jawahir Yadav
 
Counsel for Respondent :- G.A.,M.N. Singh,Mahesh Narain Singh
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

We are having to note that the parties have decided to do away with their differences as stated by Shri Jawahir Yadav appearing for the petitioner herein.

Unfortunately, the caveator has absented himself. Shri Durgesh Rao, who is an advocate by profession, is practising at Delhi.

The alleged settlement arrived at between the parties be filed before the Investigating Authority who shall record the same and file the final report after verifying the veracity of the settlement.

We make it clear that till the investigation is over, the petitioner shall not be arrested and shall not be dealt with in a coercive manner as the offences for which the petitioner is subjected to investigation and while the punishment for the offences in respect to which the impugned First Information Report is lodged against the petitioner, is below seven years. Hence, he would also be safeguarded by the provisions of Section 41- A of Cr.P.C. and the judgment of this Court in Crl. Misc. Writ Petition No. - 17732 of 2020 (Vimal Kumar And 3 Others Vs. State Of U.P. And 3 Other) decided on 28.1.2021.

In case of difficulty the petitioner is at liberty to get his petition revived.

With these observations the writ petition is partly allowed.

We are thankful to Shri Jawahir Yadav to see that the parties have reconciled their differences.

We are sorry to note that Shri M.N. Singh, Advocate, for the private respondent has absented himself.

Order Date :- 24.3.2021/LBY