Court No. - 49 Case :- CRIMINAL MISC. WRIT PETITION No. - 11213 of 2009 Petitioner :- Deepanker Singh & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- P.K. Singh Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA for the State and
perused the record.
This application has been filed by Smt. Reena singh, who is the respondent
no. 3 of Criminal Misc. Writ Petition No. 11213 of 2009.
It is contended by learned counsel for the applicant that this Court has passed
the order dated 6.7.2009 by which the petitioners Deepanker Singh and
Sanjay Singh was directed to deposit the amount of Rs. 20,000/- within a
period of 30 days. In case the aforesaid amount was deposited, the arrest of
the petitioners was stayed till the submission of the police report under
Section 173(2) Cr.P.C. but in the present case the petitioners Deepanker Singh
and Sanjay Singh have not deposited the amount of Rs. 20,000/- as directed
by the Court on 6.7.2009 but due to order dated 6.7.2009 they are not arrested
by the police in case crime no. 481 of 2009 P.S. Cantt, District-Varanasi,
therefore, a suitable direction may be issued so that the petitioners who are
accused in the present case may be arrested.
From the perusal of the record, it appears that the order dated 6.7.2009 passed
by this Court by the conditional order the arrest was stayed only on the
ground of deposition of Rs. 20,000/- in the Court of learned CJM, Varanasi
within a period of 30 days. In case the aforesaid amount is not deposited in
pursuant to the order dated 6.7.2009. It was open to the opposite party no. 2 to
make the arrest of the petitioner. It requires no clarification. In such
circumstances, it is open to the I.O. to make the arrest of the petitioners.
The order was conditional order that is why the proceedings under Article 215
of the Constitution of India may not be initiated.
With the above observation, this application is finally disposed of.
Order Date :- 8.1.2010
prabhat