Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 4175 of 2010 Petitioner :- Smt. Maya Sonkar @ Maya Singh And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Shyam Sudarshan Respondent Counsel :- Govt. Advocate,Annadn Kumar Singh,N.C. Mishra,R.B. Tripathi,S.P. Singh Parmar Hon'ble Amar Saran,J.
Hon’ble Surendra Singh,J.
We have heard learned counsel for the petitioners and the learned
AGA and perused the record.
The arrest of the petitioners was stayed by an interim order passed
in this writ petition in respect of Case Crime No. 47 of 2010, under
sections 363/366 IPC, PS Shivpur, District Varanasi.The
investigation had not been stayed. It is not known whether the
investigation has been completed yet or not.
In the case of Mahendra Lal Das v State of Bihar: 2002 SCC (Crl)
110, it has been held by the Supreme Court that while interference
by courts at investigation stage is not called for, the investigating
agency cannot be given latitude of protracting the conclusion of
the investigation without any limit of time.
No useful purpose would be served in keeping this petition
pending any longer. Accordingly, we dispose of this writ petition
with the following directions:
1. The investigation will be completed within three months of
the date on which a certified copy of this order along with a
self-attested copy of this writ petition is presented before the
investigating officer;
2. The petitioners will not be arrested during pendency and for
the purpose of investigation, provided a certified copy of
this order is presented before the police officer as directed
above within 15 days from today;
3. Two copies of the order shall also be presented within 15
days before the S.S.P/S.P and CJM concerned who shall
monitor the investigation as provided by the Apex Court in
Sakiri Vasu v. State of U.P.: AIR 2008 SC 907 and ensure
that the investigation is completed within the time stipulated
by the High Court;
4. If copies of the order are not presented within the time
aforesaid before the Investigating officer, S.S.P./ S.P. and
CJM, the stay of arrest will not operate;
5. The accused will cooperate with the investigation and in
case of non-cooperation or otherwise if the investigating
officer is of the opinion that for any other valid reason the
arrest of accused is necessary during or for the purpose of
investigation, it will be open to the investigating officer to
apply in this writ petition by means of a miscellaneous
giving details of non-cooperation as also details of what
kind of cooperation is expected by the accused for
completing investigation or why the arrest is otherwise
necessary to that interim stay of arrest granted hereby may
be vacated;
6. In case the investigation is not completed within the
aforesaid time of three months, for some unavoidable reason
or due to slackness on part of the investigating officer the
CJM concerned shall inform this Court, with the reason for
the delay in concluding the investigation within the time
specified above. The Registrar General shall place the
information in pending Cr. Misc. Writ Petition No. 8495 of
2006, Kamlesh and another v. State of U.P. and others
where this Court inter alia is monitoring matters with
respect to writ petitions which have been disposed off with
directions for completing the investigation in three months.
7. If a report under section 173(2) Cr.P.C. is decided to be
submitted to the Court of Magistrate, in column no. 3 of the
prescribed form of the report under section 173(2) Cr.P.C. it
will be mentioned that the accused have not been arrested on
account of the stay order granted by this Court and the
Magistrate shall take expeditious steps for appearance/ arrest
of the accused;
8. If the accused appears before the Court concerned within 3
weeks of the submission of the police report under section
173(2) Cr.P.C. and applies for bail, the bail application shall
be disposed of expeditiously in accordance with the
observations of the Full Bench of this Court in Amrawati
and another v. State of U.P., 2004(57) ALR 290, affirmed by
the Supreme Court in Lal Kamlendra Pratap Singh v. State
of U.P.: 2009 (2) Crime 4 (SC), and reiterated by the
Division Bench of this Court in Sheoraj Singh @ Chuttan v.
State of U.P. & Others: 2009(65) ACC 781
The writ petition is disposed of with the aforesaid directions.
Order Date :- 12.8.2010
Ishrat