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Dr. Narvadeshwar Pandey And Others v. State Of U.P. And Others - CRIMINAL MISC. WRIT PETITION No. 8378 of 2007  RD-AH 13729 (8 August 2007)
Court No. 36
Criminal Misc. Writ Petition No. 8378 of 2007
Dr. Narvadeshwar Pandey and others ------------------- Petitioners
State of U.P. And others---------------------------------------Respondents.
Hon'ble Yatindra Singh, J.
1. This is a writ petition against the FIR dated 17.6.2007 in case crime no. 217 of 2007, under sections 323, 504, 506 and 498A IPC and section 3/4 Dowry Prohibition Act, Police Station Lanka, District Varanasi.
2. We have heard counsel for the petitioners, Sri Vinay Saran and the AGA for the respondents.
3. This writ petition was entertained on 26.6.2007 and an interim order was granted by which the arrest of the petitioners was stayed. The investigation in the case is not stayed. The investigation has not been completed as yet. Considering the allegations made in the FIR the present writ petition is dismissed for petitioner no.1. So far as petitioners no. 2 to 5 is concerned, the writ petition is disposed of with the following directions.
4. In the case of 'Mahendra Lal Das Vs. 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.
5. Having considered the lapse of time since lodging of the FIR, we dispose of this writ petition with the following orders:
(i)The investigation may be completed within three months of the date on which a certified copy of this order is presented before the Investigating Officer or any police officer of the district to whom the investigating officer is directly subordinate;
(ii)The petitioners no. 2 to 5 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 one month from today;
(iii) If certified copy is not presented within the time aforesaid, the stay of arrest will not operate;
(iv) If at the conclusion of the investigation a charge sheet is submitted instead of final report, it will be open to the Judicial Magistrate, if he decides to take cognizance, to summon the accused by summons or warrants in accordance with Section 204 CrPC after copies have been prepared for compliance with Section 207/208 CrPC.
(v) If the charge-sheet is decided to be submitted to the Court of Magistrate, in column no. 3 of the prescribed form of charge sheet it will be mentioned that the accused have not been arrested on account of stay order granted by this Court.
(vi)The accused will co-operate 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 application giving detail of non-co-operation as also details of what kind of co-operation is expected from the accused for completing investigation or why the arrest is otherwise necessary so that interim stay of arrest granted hereby may be vacated.
6. This order will not come in the way if charge-sheet is already filed.
7. The writ petition for petitioner no. 1 is dismissed and so far as petitioners no. 2 to 5 is concerned, it is disposed of with the aforesaid directions.
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